Holmes v. Small
Massachusetts Supreme Judicial Court
Contract, to recover the price of a carload of lumber delivered to one Mitchell upon the order of the defendant. At the trial in the Superior Court, before Maynard, J., there was evidence tending to show that the plaintiff firm, consisting of Holmes, Reynolds, and Wright, was formed in the latter part of 1889, to engage in the lumber business in Orange; that hitherto all the parties had been engaged in the same business in the same locality, the first two named as partners,…
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Contract, to recover the price of a carload of lumber delivered to one Mitchell upon the order of the defendant. At the trial in the Superior Court, before Maynard, J., there was evidence tending to show that the plaintiff firm, consisting of Holmes, Reynolds, and Wright, was formed in the latter part of 1889, to engage in the lumber business in Orange; that hitherto all the parties had been engaged in the same business in the same locality, the first two named as partners, and Wright individually; that the defendant was manager of a mill in Baldwinsville; that one Mitchell was, before 1888,…
1Opinion of the CourtBarker, J.
Partners may sue for the price of partnership goods sold by one partner in his own name; Halliday v. Doggett, 6 Pick. 359; Gage v. Rollins, 10 Met. 348, 355; Huntington v. Knox, 7 Cush. 371; Eastern Railroad v. Benedict, 5 Gray, 561; Garrett v. Handley, 4 B. & C. 664; Alexander v. Barker, 2 Tyrw. 140; Havana, Rantoul, & Eastern Railroad v. Walsh, 85 Ill. 58; and it was at least a question for the jury whether the defendant did not undertake'to be primarily liable for goods delivered to Mitchell. Mountstephen v. Lakeman, L. R. 7 Q. B. 196. But it was shown at the trial, that, whether the…
2Cases cited3 opinions
- Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
- Parham Sewing Machine Co. v. BrockMassachusetts Supreme Judicial Court · 1873
- Havana, Rantoul & Eastern Railroad v. WalshIllinois Supreme Court · 1877
3Cited by10 opinions
- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
- Zeo v. LoomisMassachusetts Supreme Judicial Court · 1923
- American Bonding & Trust Co. v. Baltimore & O. S. W. R. Co.Court of Appeals for the Sixth Circuit · 1903
- Jordan Marsh Co. v. BealsMassachusetts Supreme Judicial Court · 1909
- Bank of Buchanan County v. Continental Nat. BankCourt of Appeals for the Eighth Circuit · 1921
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