Gibbs v. Humphrey
Wisconsin Supreme Court
Appeal from an order of the circuit court for Pierce county: E. B. Bundy, Circuit Judge. On the 5th day of November, 1891, Alfred J. Goss and J. D. Putnam were, and had been continuously for some years prior thereto, doing a milling business as copartners under the firm name of J. I). Putnam & Co. at River Palls, Pierce county, Wisconsin.
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Appeal from an order of the circuit court for Pierce county: E. B. Bundy, Circuit Judge. On the 5th day of November, 1891, Alfred J. Goss and J. D. Putnam were, and had been continuously for some years prior thereto, doing a milling business as copartners under the firm name of J. I). Putnam & Co. at River Palls, Pierce county, Wisconsin. On the day particularly named the partnership was dissolved, and it was agreed that the business should thereafter be continued by J. B. Goss, as J. B. Goss & Co., and that he should assume all the liabilities of the old firm, and have the firm assets.…
1Opinion of the Court
MaRshall, J\
The question here presented is, Can the appellant, representing the claim of his assignor, prove up such claim in competition with the other creditors who dealt with J. B. Goss as J. B. Goss & Co. ? The trial court found that, as between A. J. Goss and the creditors of J. B. Goss, the two, by reason of holding out, must be considered as partners under the name of J. B. Goss & Co.; that A. J. Goss and his assignee, by reason of the facts, are estopped from setting up to the contrary. The conclusion reached by this court in Thayer v. Goss, cunte, p. 90, is conclusive in favor of the…
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