Thillman v. Benton
Court of Appeals of Maryland
Appeal from the Court of Common Pleas of Baltimore City. Assumpsit by appellant on an open account against F. H. Von Hafften, L. B. Benton and J. W. Gailey, trading as The Sanitary Milk Co.” The contract referred to in the opinion of the Court is as follows : “ This agreement, made this 24th day of April, between Frederick Hundt Von Hafften and James W. Gailey, trading under the style of the Sanitary Milk Company of Balti more City, parties of the first part, and L. B.…
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Appeal from the Court of Common Pleas of Baltimore City. Assumpsit by appellant on an open account against F. H. Von Hafften, L. B. Benton and J. W. Gailey, trading as The Sanitary Milk Co.” The contract referred to in the opinion of the Court is as follows : “ This agreement, made this 24th day of April, between Frederick Hundt Von Hafften and James W. Gailey, trading under the style of the Sanitary Milk Company of Balti more City, parties of the first part, and L. B. Benton, of the city of Baltimore and State of Maryland, party of the second part, witnesseth: Whereas, the parties of the…
1Opinion of the CourtRobinson, C. J.
The real question we have to decide in this case in whether the articles of agreement between Von Hafften and Gailey trading as the Sanitary Milk Company and the defendant made the latter a member of the firm, for if he was a partner, then he is liable for the trade obligations of the partnership. And before considering the terms of this agreement *71it may be as well to state what according to well-settled principles is necessary to constitute a partnership. In doing so we shall not attempt to define what is a partnership, for it would be a difficult matter to formulate a definition to meet…
2Cases cited1 opinion
- Rowland v. LongCourt of Appeals of Maryland · 1876
3Cited by17 opinions
- Martin v. PeytonNew York Court of Appeals · 1927
- Morgart v. SmouseCourt of Appeals of Maryland · 1906
- Bruns v. SpaldingCourt of Appeals of Maryland · 1900
- Tomlinson v. DilleCourt of Appeals of Maryland · 1925
- Townsend v. L. J. Appel Sons., Inc.Court of Appeals of Maryland · 1933
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