Merritt v. Williams
Supreme Court of Kansas
Error from Allen District Court. Action by Williams against “Merritt & Sprague,” as partners, to recover the purchase price of a lot of cattle sold by him. Sprague made default. Merritt answered for himself, denying under oath, that any partnership existed between himself and Sprague, and denied any purchase by himself, or by himself and Sprague, or any indebtedness on his part for the cattle sold by Williams.
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Error from Allen District Court. Action by Williams against “Merritt & Sprague,” as partners, to recover the purchase price of a lot of cattle sold by him. Sprague made default. Merritt answered for himself, denying under oath, that any partnership existed between himself and Sprague, and denied any purchase by himself, or by himself and Sprague, or any indebtedness on his part for the cattle sold by Williams. Trial at the April Term 1875. It was shown by the evidence that Merritt and Sprague had been partners in 1872; that in that year Williams had sold them one lot of cattle; that they…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On the 10th of September 1874, Williams sold forty-eight head of steers. He claims that he sold them to the firm of Sprague & Merritt. Merritt denies that there was such a firm, or that he was a partner of Sprague, and alleges that the sale was made to Sprague, who alone was responsible therefor. The question therefore in the case was, whether Merritt was a partner of Sprague’s, or had so acted as to justify Williams in holding him as a partner, or had joined with Sprague in making the purchase. No question is made in this .court upon the…
2Cases cited3 opinions
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Wardwell v. HaightNew York Supreme Court · 1848
- Clapp v. . RogersNew York Court of Appeals · 1855
3Cited by5 opinions
- Greep v. BrunsSupreme Court of Kansas · 1945
- Tobin v. McKinneySouth Dakota Supreme Court · 1900
- Woodard v. TimmsSupreme Court of Kansas · 1923
- Samuel Ach Co. v. ThorpeSupreme Court of Kansas · 1924
- Hogendobler v. LyonSupreme Court of Kansas · 1873