Benjamin v. Covert
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The ease is thus stated by Mr. Justice Taylok: “ This action was brought to recover the balance due the plaintiff for a quantity of coal alleged to have been sold by him to George Covert, the respondent, and Augustus Covert, as partner’s in business, on the first of December, 1876. The respondent derÁes that he was a partner in business with the said Augustus Covert at the time of the sale of said coal, or at any other time…
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APPEAL from the Circuit Court for Rock County. The ease is thus stated by Mr. Justice Taylok: “ This action was brought to recover the balance due the plaintiff for a quantity of coal alleged to have been sold by him to George Covert, the respondent, and Augustus Covert, as partner’s in business, on the first of December, 1876. The respondent derÁes that he was a partner in business with the said Augustus Covert at the time of the sale of said coal, or at any other time after the middle of March, 1874, and further denies all indebtedness, on account of said coal, to the plaintiff. “ The…
1Opinion of the CourtTatloe, J.
The plaintiff, as evidence tending to show an existing partnership between the two Coverts, offered in evidence a chattel mortgage purporting to have been given by Augustus Covert to George Covert to secure the sum of $2,000, dated February 13,1877. This was objected to by the defendant, and excluded by the court. We think this evidence was properly excluded. It is difficult to understand how the giving and taking of the mortgage would tend to prove a partnership. It seems to us the only relationship between the parties, which would be proved by this transaction, would be that of debtor and…
2Cases cited7 opinions
- Pratt v. PageSupreme Court of Vermont · 1859
- United States Bank v. BinneyU.S. Circuit Court for the District of Massachusetts · 1828
- City Bank of Brooklyn v. . McChesneyNew York Court of Appeals · 1859
- Young v. TibbittsWisconsin Supreme Court · 1873
- Carlton & Manning v. CoffinSupreme Court of Vermont · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bouck v. EnosWisconsin Supreme Court · 1884
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
- Coggswell v. DavisWisconsin Supreme Court · 1886
- Benjamin v. CovertWisconsin Supreme Court · 1882
- Thompson v. HarmonCourt of Appeals of Texas · 1912
4 more not listed; retrieve them via the Exa API.