Wait v. Brewster
Supreme Court of Vermont
Assumpsit. The action was originally brought against William Brewster and Cyrus Brewster, as partners under the firm of W. & C. Brewster, hut no service was made on William Brewster, the writ being returned non est as to him.
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Assumpsit. The action was originally brought against William Brewster and Cyrus Brewster, as partners under the firm of W. & C. Brewster, hut no service was made on William Brewster, the writ being returned non est as to him. The declaration contained the common counts, and also a count on a promissory note for one hundred and three pounds and three pence, Halifax currency, dated August 30th, 1854, signed by W. & C. Brewster, and payable to tbe plaintiff or order, in six months after date, at the City Bank in Montreal. Plea, the general issue, and trial by. jury, at the April Term, 1858, —…
1Opinion of the CourtAldis, J.
This is an action against William Brewster and Cyrus Brewster, as partners in Montreal under the firm of W. & C. Brewster. There is a return of non est as to William.
Cyrus defends upon the ground that he was not a partner when the contract here sued upon was made with the plaintiff, but that William Brewster carried on the business alone, though under the name of W. & C. Brewster.
I. A question has arisen as to the admissibility of a deposition taken by the plaintiff. It was taken with notice; the defendant appeared and cross-examined the witness; the plaintiff had the deposition opened and…
2Cases cited9 opinions
- Hutchins v. OlcuttSupreme Court of Vermont · 1832
- Collamer v. LangdonSupreme Court of Vermont · 1856
- H. Amidown & Co. v. Osgood & MinardSupreme Court of Vermont · 1852
- Torrey v. BaxterSupreme Court of Vermont · 1841
- Clapp v. . RogersNew York Court of Appeals · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rutland Railway, Light & Power Co. v. WilliamsSupreme Court of Vermont · 1916
- Manley Brothers Co., Inc. v. SomersSupreme Court of Vermont · 1927
- Wing v. HallSupreme Court of Vermont · 1874
- Allen v. SharpeIndiana Supreme Court · 1871
- Haglin-Stahr Co. v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1918
3 more not listed; retrieve them via the Exa API.