Davison v. Sherburne
Supreme Court of Minnesota
Appeal by Charles K. Sherburne, one of the defendants, from an-order of the District Court of Hennepin County, Thomas Canty, J.,. made November 29, 1893, denying his motion for a new trial.
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Appeal by Charles K. Sherburne, one of the defendants, from an-order of the District Court of Hennepin County, Thomas Canty, J.,. made November 29, 1893, denying his motion for a new trial. On December 17, 1881, Elijah A. Harmon and Charles K. Sher - burne were partners in grocery and crockery business at Minneapolis under the firm name of E. A. Harmon & Co. They borrowed of plaintiff, Suviah T. Davison, of Hartford, Conn., on that day $2,2231 and used it in liquidation of the partnership business. They gave her their note for the amount due three years thereafter, signed, not with the firm…
1Opinion of the CourtMitchell, J.
We are inclined to the opinion that the question whether the note in suit was executed during the existence of the •copartnership between defendants, and for partnership purposes, was for the jury; although it must be admitted that the evidence tended very strongly to show that the partnership was dissolved the previous June, when it sold out its mercantile business, and that thereafter it existed only for the purpose of winding up, by collecting and •distributing its assets and paying its debts.
The' fact that the note was signed by defendants in their individual names, and not in the firm…
2Cases cited7 opinions
- Willoughby v. IrishSupreme Court of Minnesota · 1886
- Tate v. ClementsSupreme Court of Florida · 1878
- Buxton v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Clement v. ClementWisconsin Supreme Court · 1887
- Leithauser v. BaumeisterSupreme Court of Minnesota · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- W. T. Rawleigh Co. v. HoffmanSupreme Court of Minnesota · 1925
- Juster v. GrossmanSupreme Court of Minnesota · 1949
- Fuchs v. Kansas City Southern Ry. Co.Supreme Court of Louisiana · 1912