Corwin v. Hood
Supreme Court of New Hampshire
Bill in Equity, by the administratrix of John F. T. Corwin, praying for an accounting concerning a partnership formerly existing between said Corwin and the defendant. The defendant pleaded in bar a settlement made between him and said administratrix, and an answer supporting the plea.
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Bill in Equity, by the administratrix of John F. T. Corwin, praying for an accounting concerning a partnership formerly existing between said Corwin and the defendant. The defendant pleaded in bar a settlement made between him and said administratrix, and an answer supporting the plea. The cause having been referred to a master, the paper which the defendant had pleaded as a settlement of the partnership affairs was produced in evidence, as follows: Derry, March 1, 1876. H. P. Hood bo’t of Esther Corwin, administratrix, all the interest of the late J. F. T. Corwin in the milk business known…
1Opinion of the CourtClark, J.
Although the writing dated March 1, 1876, pleaded in bar by the defendant, is unskilfully drawn, we think its meaning is apparent when the situation and purpose of the parties, and the subject-matter of their agreement, are considered. In the construction of written instruments, the intention of the parties is what is sought; and to ascertain that intention, regard may be had to the nature of the instrument itself, the situation of the parties executing it, and the purpose they had in view. In the present case, it appears that Hood and Corwin had been partners in the milk business for several…
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