Fuqua v. Massie & Sons
Court of Appeals of Kentucky
Case 68 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL PROM DAVEISS CIRCUIT COURT. 1. The couft was right in deciding that appellants and appellees were not partners in the tobacco, but was wrong in holding that they were partners in the commissions. (1 Bates on Partnership, sees. 1,17,19, 20, 21, 22, 23; Beecher v. Bush, 45 Mich., 188; s. c., 40 Am. Bep., 468; Boston & Colorado Smelting Co. v. Smith, 13 B. I., 27; s. c., 43 Am.
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Case 68 — PETITION ORDINARY TRANSFERRED TO EQUITY— APPEAL PROM DAVEISS CIRCUIT COURT. 1. The couft was right in deciding that appellants and appellees were not partners in the tobacco, but was wrong in holding that they were partners in the commissions. (1 Bates on Partnership, sees. 1,17,19, 20, 21, 22, 23; Beecher v. Bush, 45 Mich., 188; s. c., 40 Am. Bep., 468; Boston & Colorado Smelting Co. v. Smith, 13 B. I., 27; s. c., 43 Am. Bep., 7 ; Babcock & Son v. Deposit Bank, 5 By. Law Bep., 516; Donley v. Hall & Long, 5 Bush, 549; Lafon v. Chinn, 6 B. M., 305; Heran v. Hall, 1 B. M., 159;…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion op the court.
The appellants, Euqua & Smith, made this contract with John Massie & Sons: “ "Whereas, Euqua & Smith have secured an order for 400 or 500 hogsheads of strips, to he put up in Owensboro, Ky. Now, in consideration of John Massie & Sons leasing to Euqua & Smith their tobacco factory in the suburbs of the eastern part of Owensboro, and the further consideration of their putting in their services to assist in the purchase and putting up said tobacco, the said Euqua & Smith agree to give them *389(John Massie & Sons) one half interest in the commissions on…
2Cases cited1 opinion
- Loomis v. MarshallSupreme Court of Connecticut · 1837
3Cited by6 opinions
- Harmount & Woolf Tie Co. v. BakerCourt of Appeals of Kentucky (pre-1976) · 1933
- Meadows v. MocquotCourt of Appeals of Kentucky · 1901
- Studebaker Corp. of America v. DoddsCourt of Appeals of Kentucky · 1914
- Bowman & Cockrel v. Ed. Blanton & Co.Court of Appeals of Kentucky · 1911
- Roy C. Whayne Supply Co. v. McGowanCourt of Appeals of Kentucky (pre-1976) · 1926
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