Legal Opinion

Tyler v. Scott

Supreme Court of Vermont

Decided January 15, 1873PublishedCited by 1 opinion

Book account. The auditor reported that the plaintiff presented an account of $114.66 against the defendant, which was allowed, with interest; that the defendant presented an account af $16.10 against the plaintiff, which was allowed ; that the defendant also presented an account of $85.97 against one G. B. Dow, and claimed that the same should be allowed against the plaintiff.

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Book account. The auditor reported that the plaintiff presented an account of $114.66 against the defendant, which was allowed, with interest; that the defendant presented an account af $16.10 against the plaintiff, which was allowed ; that the defendant also presented an account of $85.97 against one G. B. Dow, and claimed that the same should be allowed against the plaintiff. As to said last named account, the auditor reported that Dow told the defendant some time before the commencement of said account, that he was in' partnership with the plaintiff; that the said Dow contracted with…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

The first question presented by the report of the auditor is, whether the contract which the auditor has found was entered into between the plaintiff and Dow in 1865, and which was continued until the spring of 1869, constituted a partnership.

All that is generally required to constitute a partnership as between the parties, is, that there should be an agreement to’share in the profit and loss; and even less than this may make them responsible as partners as between themselves and third parties. It is not necessary that the partners should…

2Cases cited4 opinions

  1. Davison v. GreenSupreme Court of Vermont · 1826
  2. Strong v. Preserved FishSupreme Court of Vermont · 1841
  3. Fay, Davidson & Burt v. GreenSupreme Court of Vermont · 1827
  4. Gleason v. AllenSupreme Court of Vermont · 1855

3Cited by1 opinion

  1. Folks v. BurletsonMichigan Supreme Court · 1913

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