Johnston v. Eichelberger
Supreme Court of Florida
This is an appeal from a final decree rendered in the Circuit for Marion county. Adam L. Eichelberger filed his bill in that court setting up a co-partnership between himself and Abner D. Johnston, in the business of selling certain, goods and merchandise, which Johnston had before that time purchased in the city of Few York. At the date of the alleged agreement, which was in writing, the goods had nob arrived at the point where the business was to be carried on.
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This is an appeal from a final decree rendered in the Circuit for Marion county. Adam L. Eichelberger filed his bill in that court setting up a co-partnership between himself and Abner D. Johnston, in the business of selling certain, goods and merchandise, which Johnston had before that time purchased in the city of Few York. At the date of the alleged agreement, which was in writing, the goods had nob arrived at the point where the business was to be carried on. The defendant, Johnston, in his answer, denied the existence of any co-partnership in the goods, insisting that under the terms of…
1Concurrence
HART, J.,
delivered the following concurring opinion :
Johnston and Eiehelberger were partners in a plantation. Johnston owed Eiehelberger. Eiehelberger had a bar-room business also. Johnston determined to get a stock of merchandise for sale; rented a house from Eiehelberger for that purpose; went to New York, purchased the goods, returned to Ocala, and, before the goods were shipped, made the said contract of sale of half of them, and of partnership, the written contract being left' with the attorney who wrote.it; and Johnston went away again.
The goods were brought to Ocala in Johnston’s…
2Cases cited2 opinions
- Russell v. NicollNew York Supreme Court · 1829
- Warren v. MainsNew York Supreme Court · 1811