Thrall & Smith v. Seward
Supreme Court of Vermont
Appeal from the decision and report of the commissioners of claims against the estate of Ira Seward, deceased, intestate, on the disallowance of a claim on book account in favor of Thrall & Smith, the appellants, against the said deceased, to an amount exceeding twenty dollars.
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Appeal from the decision and report of the commissioners of claims against the estate of Ira Seward, deceased, intestate, on the disallowance of a claim on book account in favor of Thrall & Smith, the appellants, against the said deceased, to an amount exceeding twenty dollars. The case was referred to John Prout, Esq., as auditor, who reported as follows : “I find that prior to the accruing of the plaintiffs’ account, the plaintiff Thrall and A. Pond, Esq., were partners in the practice of law, at Rutland, and that during the existence of said partnership, they, the said Thrall & Pond, were…
1Opinion of the CourtPeck, J.
It is insisted on the part of the defence that the items in dispute, being items numbered from 1 to 18 inclusive, never accrued to Thrall & Smith, but to Thrall alone. The items accrued for services as attorneys in certain suits in the county court during the co-partnership of the plaintiffs, but did not come within the scope of co-partnership articles of the plaintiffs, as their co-partnership contract did not embrace the business pending at the formation *578of the partnership. Thrall & Pond had previously been partners, and as such retained by the intestate in those suits. When Smith bought of…
2Cited by2 opinions
- Hunter v. Kittredge's EstateSupreme Court of Vermont · 1868
- Woodbury v. Woodbury's EstateSupreme Court of Vermont · 1875