Legal Opinion

Pettee v. Appleton

Massachusetts Supreme Judicial Court

Decided November 15, 1873PublishedCited by 3 opinions

Contract against George P. Little and Henry K. Appleton, as the makers of seven promissory notes, signed “ Little & Co.,” payable to the order of “ ourselves,” and indorsed “ Little & Co.’' George P. Little was defaulted. Appleton defended, denying, among other things, that the signature, “ Little & Co.,” was his signature, and denying that he was a partner of the other defendant.

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Contract against George P. Little and Henry K. Appleton, as the makers of seven promissory notes, signed “ Little & Co.,” payable to the order of “ ourselves,” and indorsed “ Little & Co.’' George P. Little was defaulted. Appleton defended, denying, among other things, that the signature, “ Little & Co.,” was his signature, and denying that he was a partner of the other defendant. At the trial in the Superior Court, before Devens, J., the following agreement, signed by the defendants, the execution of which was admitted, was put in evidence by the plaintiff: “ This memorandum of agreement,…

1Opinion of the CourtAmes, J.

By the terms of the written contract, the defendant Appleton was to furnish the sum of $400 to the business of making the proposed publication; and the other defendant, Little, was to begin the canvass for it without delay. All the orders, which Little should obtain, were to be delivered, as they should be received, to Appleton, and the profits of the business, “ after deducting all expenses thereof,” were to be equally divided between them. That is to say, it was to be a joint enterprise; the orders were to be placed in the hands of Appleton, thereby giving him the control or possession of…

2Cases cited3 opinions

  1. Brigham v. ClarkMassachusetts Supreme Judicial Court · 1868
  2. Pratt v. LangdonMassachusetts Supreme Judicial Court · 1867
  3. Getchell v. FosterMassachusetts Supreme Judicial Court · 1870

3Cited by3 opinions

  1. Estabrook v. WoodsMassachusetts Supreme Judicial Court · 1906
  2. Bradley v. ElyIndiana Court of Appeals · 1900
  3. Demuth v. SternheimerNew York Marine Court · 1882

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