Legal Opinion

Lapenta v. Lettieri

Supreme Court of Connecticut

Decided November 28, 1899PublishedCited by 12 opinions

Suit for an injunction and for an order of interpleader in respect to the title to a balance due upon a building contract, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J., upon the issues raised by the claims of the respective defendants; facts found and judgment rendered awarding the fund, less the plaintiff’s expenses of suit and counsel fees, to the defendant Conti, and appeal by the defendant Aspromonte for alleged errors in the…

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Suit for an injunction and for an order of interpleader in respect to the title to a balance due upon a building contract, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J., upon the issues raised by the claims of the respective defendants; facts found and judgment rendered awarding the fund, less the plaintiff’s expenses of suit and counsel fees, to the defendant Conti, and appeal by the defendant Aspromonte for alleged errors in the rulings of the court. The finding stated the following facts: On August 31st, 1897, the defendant Lettieri signed a…

1Opinion of the CourtBaldwin, J.

As between Lettieri and Aspromonte, all rights of Lettieri by reason of his contract with the plaintiff became vested in a partnership consisting of Lettieri and Aspromonte, before any work under the contract was done; and it was this partnership by which the erection of the buildings was not only commenced, but completed, unless it was dissolved by the action of Lettieri in rescinding the articles of partnership without Aspromonte’s consent.

A copartnership is in its essence a contract of agency. Each partner is the general agent of the firm, and the firm is the agent of each partner, with…

2Cases cited4 opinions

  1. Karrick v. HannamanSupreme Court of the United States · 1897
  2. Skinner v. DaytonNew York Supreme Court · 1822
  3. Solomon v. KirkwoodMichigan Supreme Court · 1884
  4. Rice v. McMartinSupreme Court of Connecticut · 1873

3Cited by12 opinions

  1. Daniel v. TolonSupreme Court of Oklahoma · 1916
  2. State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
  3. Lawyers Title Ins. Co. v. Lawyers Title Ins. CorporationCourt of Appeals for the D.C. Circuit · 1939
  4. Travis v. St. JohnSupreme Court of Connecticut · 1978
  5. Stanley v. M. H. Rhodes, Inc.Supreme Court of Connecticut · 1954

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