Foster v. Ives
Supreme Court of Vermont
Action of account. This case was heard on the following report of referees, at the September Term, 1880. Judgment cm the report for defendant, Ross, J. presiding.
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Action of account. This case was heard on the following report of referees, at the September Term, 1880. Judgment cm the report for defendant, Ross, J. presiding. The referees found : That in the spring of 1875, the plaintiffs and the defendant, all belonging to an organization call'ed Empire Grange, No. 175, of the Patrons of Husbandry, decided to have a store of their own, where they could purchase such goods as are usually kept in a country grocery store, together with others, cheaper than at other country stores. It .was agreed that the defendant should be agent of said Grange to order…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
This is an action of account between partners, in favor of many plaintiffs against one defendant. At common law, such an action cannot be maintained, where more than two partners are concerned. Wiswell v. Wilkins, 4 Vt. 137. The statute of 1852, sec. 13, chap. 41, Gen. Sts., provides'that the action of account may be brought “ by one or more co-partner or co-partners, to settle and adjust their co-partnership accounts and dealings, making all said co-partners, parties to said action either as plaintiffs or defendants,” and the subsequent…
2Cases cited2 opinions
- Wiswell v. WilkinsSupreme Court of Vermont · 1832
- La Point v. ScottSupreme Court of Vermont · 1864
3Cited by3 opinions
- Mott v. BourgeoisSupreme Court of Vermont · 1938
- Boyd v. WalkerDistrict Court of Appeal of Florida · 1971
- Hodges's Admr. v. Hodges's EstateSupreme Court of Vermont · 1916