McEwen v. B. P. Shannon & Co.
Supreme Court of Vermont
Assumpsit. Heard at tlie February "term, 1892, Start, J., presiding, upon the report of a referee. Judgment pro forma for tbe defendants to recover $106.92. Tbe plaintiff excepts. The opinion states the case. .If the contract was illegal a payment under it cannot be recovered. Burt v. Place, 6 Cowen 131; Foote dc Stone v. Emerson, 10 Yt. 337. One partner can bind the firm as to all acts relating to the business.
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Assumpsit. Heard at tlie February "term, 1892, Start, J., presiding, upon the report of a referee. Judgment pro forma for tbe defendants to recover $106.92. Tbe plaintiff excepts. The opinion states the case. .If the contract was illegal a payment under it cannot be recovered. Burt v. Place, 6 Cowen 131; Foote dc Stone v. Emerson, 10 Yt. 337. One partner can bind the firm as to all acts relating to the business. Winship v. U. S. Banh, 5 Peters, 525-561; Sandilands V. Marsh, 2 B. & Aid. 673; Bond v. Gibson, 1 Camp. 185. The wife of B. P. Shannon was not a competent witness. Carpenter v. Moore,…
1Opinion of the Court
*585The opinion of the court was delivered by
ROSS, Ch. J.
From the report of the referee and auditor,, it appears, that, in the spring of 1888, the defendant, B. P. Shannon and others were interested in having a creamery established in the town of Craftsbury. For its establishment it was necessary to induce the farmers in the vicinity to adopt uniform regulations for producing pure cream, by the use of the Cooley Creamers ; and to patronize a creamery for its manufacture into butter. It could not be expected that one patron would pay 'more than another for gathering and manufacturing cream into…
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- of Carpenter v. MooreSupreme Court of Vermont · 1871
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- Administrator of Martin v. MartinSupreme Court of Vermont · 1828
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