Administrator of Town v. Hendee
Supreme Court of Vermont
Partnership. Authority of Agent. Ratification. Book Account. The action was originally commenced in the comity court in favor of the intestate Orr N. Town, then living, against Blanchard Rand and German F. Hendee, as partners under the name of Rand & Hendee, and came into this court by exceptions, which were sustained, whereby it became necessary to recommit the cause to an auditor. This was done at a previous term and at the present term the auditor made his report.
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Partnership. Authority of Agent. Ratification. Book Account. The action was originally commenced in the comity court in favor of the intestate Orr N. Town, then living, against Blanchard Rand and German F. Hendee, as partners under the name of Rand & Hendee, and came into this court by exceptions, which were sustained, whereby it became necessary to recommit the cause to an auditor. This was done at a previous term and at the present term the auditor made his report. During the pendency of the suit both the said Town and Rand deceased. The administrator of Town entered and prosecuted the…
1Opinion of the Court
By the court:
Redfield, Ch. J.
I. It would seem from the facts found in the report, that the defendants were so far connected in carrying on this mercantile trade for their joint benefit, that one would be bound by the act of the other, to third persons certainly. They seem to a great extent to have been strictly partners in selling off the goods, bid off, and in the purchases made for the purpose of effecting that sale. And if it could be shown, that they were not to all intents partners, inter sese, as is doubtless true to some extent, the authority of the one to bind the other, as between…
2Cases cited3 opinions
- Walsh v. PierceSupreme Court of Vermont · 1840
- Rice v. TalmadgeSupreme Court of Vermont · 1848
- Brown v. BillingsSupreme Court of Vermont · 1849
3Cited by1 opinion
- Bromley v. ElliotSupreme Court of New Hampshire · 1859