Legal Opinion

Smith v. Sloan

Wisconsin Supreme Court

Decided January 15, 1875PublishedCited by 23 opinions

APPEAL from tbe Circuit Court for Rock County. The action was commenced November 4, 1871, before the police justice of Janesville.

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APPEAL from tbe Circuit Court for Rock County. The action was commenced November 4, 1871, before the police justice of Janesville. The complaint is as follows: “ The plaintiff complains and says, that during the year 1865, the said S. W. Smith and T. Jackman were copartners doing business under the name and style of Jackman & Smith ; that some time in the year 1868, T. Jackman died; that on the 1st day of September, 1865, and for a long time previous to the 1st day of September, 1865, I. G. Sloan and L. F. Patten were copartners, doing business as attorneys at law in the city of Janesville,…

1Opinion of the CourtLyoN, J.

Had tbe offered testimony been received, tbe facts of tbe case, taken most favorably for tbe plaintiff, would have been briefly these : Sloan & Patten, tbe defendants, were partners in the business of practicing law, and, as such partners, became indebted to Jackman and Smith for rent of their law office. Daring tbe continuance of their copartnership, Patten, without the knowledge" of Sloan, and without any express authority from Shan, gave a firm note for unpaid rent. The question is, whether Sloan is liable on such note.

The partnership of the defendants was not a trading or commercial one,…

2Cases cited2 opinions

  1. Freeman v. CarpenterWisconsin Supreme Court · 1863
  2. Ulery v. GinrichIllinois Supreme Court · 1871

3Cited by23 opinions

  1. Deardorf's Administrator v. ThacherSupreme Court of Missouri · 1883
  2. Horn v. Newton City BankSupreme Court of Kansas · 1884
  3. Pease v. ColeSupreme Court of Connecticut · 1885
  4. Woodruff v. ScaifeSupreme Court of Alabama · 1887
  5. Sherman v. KreulWisconsin Supreme Court · 1877

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