Lapham v. Green
Supreme Court of Vermont
This was an action of book account. The only epestion, submitted to this court, arose in relation to an account of $44,86, which accrued while the business of the plaintiff, as a merchant, was carried on in the name of two of his brothers, Daniel and Anson, under the style of D. & A. Lapham, It appeared that plaintiff had been in business as a merchant, for some years previous to Sept. 1827, at which time he hired the two brothers above named, at a stipulated price, to carry…
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This was an action of book account. The only epestion, submitted to this court, arose in relation to an account of $44,86, which accrued while the business of the plaintiff, as a merchant, was carried on in the name of two of his brothers, Daniel and Anson, under the style of D. & A. Lapham, It appeared that plaintiff had been in business as a merchant, for some years previous to Sept. 1827, at which time he hired the two brothers above named, at a stipulated price, to carry on his business in their own names, in which they had no interest, except as mere agents, but, both by the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, J.
In the case of a dormant partner, which is quite analogous in principle to the present, it has long been settled, both in this state and in Westminster Hall, that he may join, or not, at the option of the plaintiff, and, in either case, the joinder or omission is no ground of abatement, or nonsuit, or writ of error. Skinner et al v. Stocks. 4 B. & A. 437. Hilliker v. Loop, 5 Vt. R. 116, and cases there cited by the Chief Justice.
We considerit as well settled, that, when business is transacted in the name of those not interested, the action…
2Cited by9 opinions
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Camp v. BarberSupreme Court of Vermont · 1913
- Edwards v. GoldingSupreme Court of Vermont · 1847
- Bertoli v. E. L. Smith & Co.Supreme Court of Vermont · 1897
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