Noyes v. Cushman
Supreme Court of Vermont
Book Account. The action was originally commenced before a justice of the peace, and came to the County Court by appeal.
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Book Account. The action was originally commenced before a justice of the peace, and came to the County Court by appeal. Judgment to account was rendered, and auditors appointed, who reported substantially the following facts: That in the winter or spring of 1839, the old grist-mill in the village of Tunbridge had run down and become so much out of repair, that it became necessary to rebuild the same, and some of the inhabitants of the village applied to the defendant, Cushman, to either rebuild, or assist in rebuilding the same; that said Cushman thereupon applied to the defendant, Noyes, to…
1Opinion of the Court
The opinion of the court was delivered by
Iseam, J.
The auditors.have reported abalance due the plaintiff, subject to objections which have been taken by the defendants.
It is insisted by the defendants, that they were not partners when the services- were rendered by the plaintiff, and that this joint action against them-, as such, cannotbe sustained. We learn from the report, that the grist mill and privilege were at first purchased by the defendants, Cashman and Noyes,, under an agreement to rebuild *396the same and share equally in its expense; and that afterwards one sixth of the same was…
2Cases cited3 opinions
- Porter v. M'Clure & TourtellotNew York Supreme Court · 1836
- Cottrill v. VanduzenSupreme Court of Vermont · 1850
- Hapgood v. SouthgateSupreme Court of Vermont · 1849
3Cited by5 opinions
- Bird v. MorrisonWisconsin Supreme Court · 1860
- Furber v. PageIllinois Supreme Court · 1892
- Farmers' Exchange v. BrownSupreme Court of Vermont · 1934
- Bundy v. BruceSupreme Court of Vermont · 1889
- Duryea v. WhitcombSupreme Court of Vermont · 1858