Loomis v. Marshall
Supreme Court of Connecticut
This was an action of assumpsit for work and labour; to which the defendants pleaded the general issue. The cause was tried at Litchfield, Avgust term, 1836, before Williams, Ch. J. The plaintiff claimed to recover of the defendants as partners ; and to prove the partnership, he exhibited in evidence the following agreement: “ Articles of agreement by and between Seth Marshall, Theron Rockwell, George O. Jarvis and Giles II.
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This was an action of assumpsit for work and labour; to which the defendants pleaded the general issue. The cause was tried at Litchfield, Avgust term, 1836, before Williams, Ch. J. The plaintiff claimed to recover of the defendants as partners ; and to prove the partnership, he exhibited in evidence the following agreement: “ Articles of agreement by and between Seth Marshall, Theron Rockwell, George O. Jarvis and Giles II. Bass, on the one part, and Alfred French and Macpherson Hubbell, on the other part, witness, That the said Marshall, Rockwell, Jarvis and Bass agree, on their part, to…
1Opinion of the CourtHuntington, J.
At the trial, the jury were instructed, that the agreement dated June 1, 1833, constituted the defendants partners, so far at least, as to make them liable as such, in this suit, to the plaintiff. The general question submitted to this court, is upon the propriety of this instruction.
*77That the parties to this agreement did not intend to create a partnership, either as between themselves or third persons, is,_ we think, very obvious from the facts set forth in the motion, connected with the stipulations contained in the agreement: and if they are liable as partners, they are made so, by…
2Cases cited4 opinions
- Porter v. M'Clure & TourtellotNew York Supreme Court · 1836
- Everitt v. ChapmanSupreme Court of Connecticut · 1827
- Ross v. DrinkerThe Superior Court of New York City · 1829
- Miller v. BartletSupreme Court of Pennsylvania · 1827
3Cited by55 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Beecher v. BushMichigan Supreme Court · 1881
- Burckle v. . EckhartNew York Court of Appeals · 1849
- In Re the Estate of BordeauxWashington Supreme Court · 1950
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