Kendrick v. Tarbell
Supreme Court of Vermont
Construction of auditor’s report. Evidence. Partnership. Account. The plaintiff claimed to recover of the defendant, $841.15, being two-thirds of the sum of $1261.72, paid to Solomon Downer, as the balance due him on a note, signed by the plaintiff, the defendant, and one Edward H. Spaulding, who was joined as a defendant, in the plaintiff’s writ; and in reference to this claim, the auditor reported the following facts.
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Construction of auditor’s report. Evidence. Partnership. Account. The plaintiff claimed to recover of the defendant, $841.15, being two-thirds of the sum of $1261.72, paid to Solomon Downer, as the balance due him on a note, signed by the plaintiff, the defendant, and one Edward H. Spaulding, who was joined as a defendant, in the plaintiff’s writ; and in reference to this claim, the auditor reported the following facts. The parties named in the declaration, were partners, from March 17th, 1849, to November 10th, 1849, under the firm of D. Tarbell & Co. No service of the process was made upon…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. It is said the report does not find that,. Tarbell acquired Spaulding’s interest in the partnership, but only that it was so understood. By this, we understand the auditor to signify that, no question was made upon that point, but that both parties conceded it.
II. It is said the note was not a partnership transaction. We understand the auditor to find that, it was a partnership debt. It seems to us, no question whatever can be made upon this point,, upon the finding of the report.
III. It is urged that the bond and awards were…
2Cited by6 opinions
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- Colwell v. Weybosset National BankSupreme Court of Rhode Island · 1889
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