Simonds v. Strong, Chamberlain & Co.
Supreme Court of Vermont
Assumpsit on a promissory note for $467, dated at Eutland, on the 15th day of April, A. D. 1850; and made payable in three months from date at the bank of-Eutland, and subscribed with the partnership name of Strong, Chamberlain & Co. ¡ ' Upon the trial of this case, the defendants proved that they had entered into a partnership for the purpose of performing work on the Eutland and Burlington Eailroad, some time in 1847; that James Worrall, who had been actively engaged in…
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Assumpsit on a promissory note for $467, dated at Eutland, on the 15th day of April, A. D. 1850; and made payable in three months from date at the bank of-Eutland, and subscribed with the partnership name of Strong, Chamberlain & Co. ¡ ' Upon the trial of this case, the defendants proved that they had entered into a partnership for the purpose of performing work on the Eutland and Burlington Eailroad, some time in 1847; that James Worrall, who had been actively engaged in the business of said company at Ludlow, in the county of Windsor, on the 3d day of August, 1848, executed and delivered a…
1Opinion of the Court
By the Court.
It seems to be perfectly well settled, both in England and this country, that a retiring partner, who was known to be a member of the firm, must publish notice of such retirement, in some newspaper where advertisements are inserted, and published in the place where the business is done, in order to shield himself from liability for the future debts of the firm, to those even with whom they had had no previous dealings. Godfrey v. Turnbull, 1 Esp. 371. Weighton v. Puller, 1 Stark. 375. 2 Chitty 121. Leason v. Holt, 1 Stark. 186. Lansing v. Ten Eyck, 2 Johns. 300. Graves v. Merry,…
2Cases cited2 opinions
- Bristol v. SpragueNew York Supreme Court · 1832
- Prentiss v. SinclairSupreme Court of Vermont · 1831
3Cited by2 opinions
- Rector v. RobinsSupreme Court of Arkansas · 1905
- Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885