Chapman v. Eames
Supreme Judicial Court of Maine
On report of two actions tried together. Assumpsit for board and expenses of the stallion, Eames Knox. The first action covers the time from April 30, 1873, to August 6, 1875; and the second from August 6 to November 25, 1875. There were long lists of items of debts and credits, the justice of some of which was disputed, and of others, not; and the cases were sent to F. H. Appleton as auditor.
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On report of two actions tried together. Assumpsit for board and expenses of the stallion, Eames Knox. The first action covers the time from April 30, 1873, to August 6, 1875; and the second from August 6 to November 25, 1875. There were long lists of items of debts and credits, the justice of some of which was disputed, and of others, not; and the cases were sent to F. H. Appleton as auditor. The defendant contended before the auditor that the actions were not maintainable because there was a partnership in the horse; that the plaintiffs, being assignees of his copartner, could not maintain…
1Opinion of the CourtDickerson, J.
The objection made by the defendant in both of these cases to the finding of the auditor, as matter of law, that John Stockman, the plaintiffs’ assignor, did not become a partner but a part owner with him of the horse, under the defendant’s bill of sale of one-half of the horse to said Stockman, calls for the construction of that bill of sale, which was as follows, to wit:
“ Bangor, April 30, 1873. In the consideration of four hundred dollars, paid to me by John Stockman, I have this day sold to the said John Stockman one-half of my stallion, known as the Eames Knox, ten years old, being the…
2Cases cited1 opinion
- Converse v. FerreMassachusetts Supreme Judicial Court · 1814
3Cited by3 opinions
- State ex rel. Ratliffe v. Superior CourtWashington Supreme Court · 1919
- Shrum v. SimpsonIndiana Supreme Court · 1900
- G. Wormser & Co. v. LindauerNew Mexico Supreme Court · 1897