James Bailey Co. v. Darling
Supreme Judicial Court of Maine
This is an action of assumpsit brought by the plaintiff, a corporation, to recover for merchandise sold and delivered, amounting with interest to $167.06. The plaintiff attempts to charge the defendant, S. P. H. Carr, with liability as a partner with the other defendant, Arthur E. Darling, who offered no defense, having two years prior filed a petition in bankruptcy as an individual.
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This is an action of assumpsit brought by the plaintiff, a corporation, to recover for merchandise sold and delivered, amounting with interest to $167.06. The plaintiff attempts to charge the defendant, S. P. H. Carr, with liability as a partner with the other defendant, Arthur E. Darling, who offered no defense, having two years prior filed a petition in bankruptcy as an individual. Defendant Carr filed a plea of the general issue, and also filed an affidavit denying partnership. A t the conclusion of the plaintiff’s testimony on motion by counsel for the defendant, the presiding Justice…
1Opinion of the CourtMorrill, J.
The plaintiff claims to charge the defendant, Carr, with liability as partner with the defendant, Darling, for a bill of automobile supplies and accessories charged by the plaintiff on its books to A. E. Darling, and delivered to said Darling or at a garage operated under the name of A. E. Darling. 'The articles were delivered between February 28, 1916, and June 3, 1916, at which time plaintiff did not know that defendants had been in any way associated in business. The plaintiff claims to have discovered after Darling became bankrupt that the defendants were in partnership from about August…
2Cases cited7 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Beecher v. BushMichigan Supreme Court · 1881
- Richardson v. . HughittNew York Court of Appeals · 1879
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Hackett v. . StanleyNew York Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dalton v. AustinSupreme Judicial Court of Maine · 1981
- Lupien v. MalsbendenSupreme Judicial Court of Maine · 1984