[DOWNLOAD] "Reuben Withers, Appellant v. John Withers" by United States Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: Reuben Withers, Appellant v. John Withers
• Author : United States Supreme Court
• Release Date : January 01, 1834
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The question in relation to the expenses of the appellants in New York being the only one now in controversy between the parties, it is unnecessary to notice the proceedings in any other respect. The rule laid down by the court in their direction to the commissioner, we think was entirely correct. The articles of copartnership are not in the record. But the allegation in the bill, and the admission in the answer, touching the agreement between the parties in relation to their expenses, do not materially differ. The bill alleges that each party was to pay his own individual expenses. The answer to this allegation is, that although it was stipulated in the articles of copartnership that each party was to pay his own individual expenses, yet the same was meant and intended to apply when the parties were at home, and not travelling on the business of the concern. This was substantially the construction adopted by the court below, and which we think is the fair and reasonable interpretation of the argument, even standing alone upon the complainant's own statement. It was manifestly intended to apply to private or family expenses, not connected with the business of the partnership. But it would be an unjust and forced construction of the stipulation, to extend it to extra expenses incurred when abroad on the business of the partnership. The stipulation in the memorandum of the 13th of December 1819, upon the dissolution of the partnership, doew not embrace this item of expenses. The defendant, Reuben Withers, covenants to render a full, true, and just account to the firm, of all his purchases and transactions in New York, as a member of, or for and on account of the said firm; and to be liable for all debts or engagements which he may have entered into, (if any) on account of said house, and for which the said firm may not have received full benefit and advantage. The disbursements of the defendant for his personal expenses cannot, with any propriety, be considered a debt or engagement, within the meaning of this stipulation. It was obviously intended to protect the complainant from all liability for any outstanding claims for goods purchased in New York, and for which the firm had not received the full benefit and advantage.

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