Lyell v. Sanbourn
Michigan Supreme Court
Error to Wayne Circuit Court. This was an action of assumpsit, brought by the defendant in error, in the Wayne County Court, against the plaintifis in error, and others impleaded with them.
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Error to Wayne Circuit Court. This was an action of assumpsit, brought by the defendant in error, in the Wayne County Court, against the plaintifis in error, and others impleaded with them. The declaration contained a count for work and labor done; also, for money paid, laid out and expended, and also, upon a due bill, in these words: “Detroit, Nov. 2d, 1848. . “Due Stephen Sanboumtwo hundred and fifteen 63-100 dollars payable on demand, being for balance in settlement of Globe Mining Company affairs.” And was signed, “Edgar F. Randolph, “ Sect’y Globe Mg. Company.” Lyell and Teller, two of…
1Opinion of the CourtPratt, J.
From the record it does not appearthat any exceptions were taken, on the part of the plaintiffs in error, to any proceeding or decision of the County Court in the course of the trial. The main and only ques*112tion, therefore, to be determined by this Court is, whether in view of the law applicable to the ease, the judgment is sustained by the evidence. The voluntary association of two or more persons to place their money, effects, labor and skill, or some or all of them, in some commerce or business, with the understanding of sharing the profits thereof, constitutes such persons partners; and it…
2Cases cited1 opinion
- Carter v. GravesMississippi Supreme Court · 1841
3Cited by2 opinions
- Commercial Bank of Menominee v. WeidmanMichigan Supreme Court · 1942
- Somerville v. Wabash RailroadMichigan Supreme Court · 1896