Whitwell v. Warner
Supreme Court of Vermont
In Chancery. Appeal from the court of chancery. The substance of the allegations in the hill is as follows. On the first day of March, 1835, the orators, Whitwell, Seaver and Bond, together with one George Bond, since deceased, were doing business in Boston under the firm of Whitwell, Bond & Co.; and at the same time the orators Hig-ginson and Beals and the members of the firm of Whitwell, Bond & Co. were also doing business in Boston under the firm of Hig-ginson, Beals &…
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In Chancery. Appeal from the court of chancery. The substance of the allegations in the hill is as follows. On the first day of March, 1835, the orators, Whitwell, Seaver and Bond, together with one George Bond, since deceased, were doing business in Boston under the firm of Whitwell, Bond & Co.; and at the same time the orators Hig-ginson and Beals and the members of the firm of Whitwell, Bond & Co. were also doing business in Boston under the firm of Hig-ginson, Beals & Co., — but as a distinct concern from that of Whit-well, Bond & Co.; and at the same time the defendants Streeter, Adams,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
There are some grounds, upon which the plaintiffs seek to charge the defendants, which the court have not considered sound, and which it is not deemed important to report at much length.
*4431. It is claimed, that the defendants are liable for the balance, which was due from the old partnership, which was professedly merged in the corporation. If this be so, it is confessedly contrary to the expectation of all parties concerned, for many years, during which time the members of the old firm, some of whom never became members of the corporation in…
2Cases cited4 opinions
- Smith v. AtkinsSupreme Court of Vermont · 1846
- Wheelock v. MoultonSupreme Court of Vermont · 1843
- Paris v. VailSupreme Court of Vermont · 1846
- West v. BoltonSupreme Court of Vermont · 1832
3Cited by29 opinions
- Buell v. Buckingham & Co.Supreme Court of Iowa · 1864
- Beach v. MillerIllinois Supreme Court · 1889
- Button v. HoffmanWisconsin Supreme Court · 1884
- O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
- Bank of Montreal v. J. E. Potts Salt & Lumber Co.Michigan Supreme Court · 1892
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