Peters v. Davis

Massachusetts Supreme Judicial Court

Peters v. Davis

7 Mass. 257

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1811

StatusPublished

Cited by10 cases

This text of 7 Mass. 257 (Peters v. Davis) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Peters v. Davis, 7 Mass. 257 (Mass. 1811).

Pincite

Opinion

By the Court,

(ahsente Parsons, C. J.) We are all of opinion that the plaintiff cannot maintain this action. Here was no such severance of the joint demand of Rawson &f Davenport, as subjects the defendant to two actions for one cause. The whole adjustment of the affairs of the copartnership was between the plaintiff and Rawson: the defendant knew nothing of it, and if he had known it, he was not bound by it. The verdict must be set aside, and the plaintiff must be called.

Plaintiff nonsuit.

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By the Court,

(ahsente Parsons, C. J.) We are all of opinion that the plaintiff cannot maintain this action. Here was no such severance of the joint demand of Rawson &f Davenport, as subjects the defendant to two actions for one cause. The whole adjustment of the affairs of the copartnership was between the plaintiff and Rawson: the defendant knew nothing of it, and if he had known it, he was not bound by it. The verdict must be set aside, and the plaintiff must be called.

Plaintiff nonsuit.

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Bluebook (online)

7 Mass. 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-davis-mass-1811.

Opinion

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