McNeish v. U. S. Hulless Oat Co.
Supreme Court of Vermont
Assumpsit. Trial by jury, March Term, 1884, Washington County, Powers, J., presiding. Verdict for the plaintiff. The plaintiff lived in New York. It was claimed that the defendant company was composed of members in New York and Vermont. The writ was served on Sidney Wallace, Wm. F. Gillett, N. W. Vinson, Wm. Clark; and Charles S. Wallace was afterwards cited in.
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Assumpsit. Trial by jury, March Term, 1884, Washington County, Powers, J., presiding. Verdict for the plaintiff. The plaintiff lived in New York. It was claimed that the defendant company was composed of members in New York and Vermont. The writ was served on Sidney Wallace, Wm. F. Gillett, N. W. Vinson, Wm. Clark; and Charles S. Wallace was afterwards cited in. It appeared on trial, that the-said parties, who lived in Vermont, and certain other parties living here, and one J. K. Sanborn, who lived in Pennsylvania, some years ago, and before the account in question accrued, agreed to form a…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. As contended by the counsel of Gillett'and Yinson, generally the death of a partner works the dissolution of the co-partnership. Usually, each partner is the agent of all the other partners in regard to the transaction of the partnership business; and thus, special confidence and trust are reposed by each partner in all the others. When one .partner is removed by death, his judgment and discretion in the management and transaction of the partnership business is forever at an end; and, in an ordinary partnership, it is not within ,the…
2Cases cited3 opinions
- Walker v. WaitSupreme Court of Vermont · 1878
- Chapman, Lord, Wright & Co. v. Devereux & NoyesSupreme Court of Vermont · 1860
- Tenney, Ballister & Co. v. New England Protective Union, Division No. 172Supreme Court of Vermont · 1864
3Cited by13 opinions
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Verchereau v. JamesonSupreme Court of Vermont · 1961
- Wilder v. Hinckley Fibre Co.Supreme Court of Vermont · 1923
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