25 Vt. 390 | Vt. | 1853
The opinion of the court was delivered by
The auditors.have reported abalance due the plaintiff, subject to objections which have been taken by the defendants.
It is insisted by the defendants, that they were not partners when the services- were rendered by the plaintiff, and that this joint action against them-, as such, cannotbe sustained. We learn from the report, that the grist mill and privilege were at first purchased by the defendants, Cashman and Noyes,, under an agreement to rebuild
The report of the auditors shows this to have been the character of the contract, as made by these defendants. After having obtained a joint interest in the grist mill and privilege, they became obligated to rebuild and repair the same, for the purpose of prosecuting a joint undertaking in the use of this property for milling purposes; and that the defendant, Morse, was to have one sixth of the toll or profits of the mill, and one half of the remainder for taking charge of the same; and that the other defendants, Cushman and Noyes, were to have the remaining shares. In this contract are found all the elements of a partnership even as between themselves, much more as to third persons; and whatever agreement may have been made as between themselves, as to the manner in which other persons were to be employed and paid, it can have no effect upon their liability to those who have rendered services in promoting their joint undertaking, particularly where, as in this case, the services were rendered under the understanding that the defendants were jointly liable therefor, and when the plaintiff was ignorant of any different arrangement as between the defendants. We think, therefore, the auditors came to a right conclusion, that the defendants were liable as partners on this account to the plaintiff.
From the facts stated by the auditors, the plaintiff’s account is
In relation to the admission of the declarations of Amos Noyes, we think, under the circumstances of this case, they were properly received, so far as to charge him as partner, though they could not have been received as evidence against the others.
The report not showing that any other effect was given to that testimony, the presumption arises that that was the only effect given to it. The case of Cottrill v. Vanduzen, 22 Vt. 511, is similar to this, and upon the strength of that case we think this objection must be overruled.
The result is, that the judgment of the County Courtis affirmed.