Mercantile Bank v. Cox
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, J., presiding. Assumpsit on a draft of the' following tenor: — “$1200. Franklin, Nov. 24, 1841. “ Thirty days after date, for value received, pay to the order of Geo. W. Cutter, twelve hundred dollars and charge the same to account of owners of barque Cleona. “Yours respectfully, Geo. W. Cutter & Co. “To Francis Cox, Esq., Merchant, 66 Commercial Street, Boston.” Indorsed, “ Geo. W. Cutter.”
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On Report from Nisi Prius, Appleton, J., presiding. Assumpsit on a draft of the' following tenor: — “$1200. Franklin, Nov. 24, 1841. “ Thirty days after date, for value received, pay to the order of Geo. W. Cutter, twelve hundred dollars and charge the same to account of owners of barque Cleona. “Yours respectfully, Geo. W. Cutter & Co. “To Francis Cox, Esq., Merchant, 66 Commercial Street, Boston.” Indorsed, “ Geo. W. Cutter.” This draft was discounted by plaintiffs and protested for non-acceptance. This suit is against Francis Cox & ¥m. B. Vincent, as partners, under the name of Francis…
1Opinion of the CourtAppleton, J.
— From the evidence it appears, that the firm of George W. Cutter & Co. were, in the year 1847, extensively engaged in shipbuilding and in lumbering, at *503Franklin in this State; that Yincent, one of the defendants, then was and for years previous had been employed as a book-keeper; that Cox, the other defendant, was a merchant transacting business- on his own account; that the defendants were not then and never had been associated as general partners, nor had they ever been jointly interested or connected in any business, except in the particular transaction out of which the present claim…
2Cases cited2 opinions
- Kennedy v. GeddesSupreme Court of Alabama · 1838
- Gavit v. Hall, Pennsylvania Court of Common Pleas, Philadelphia County1874