Davis v. Downer & Sanborn
Davis v. Downer & Sanborn
Opinion of the Court
The opinion of the Court was delivered by
Services rendered, or money paid for the joint benefit of two or more, at the request of either of them, maybe recovered of them jointly. Downer and Sanborn had been co-partners and had dissolved, but, of course, they remained the joint owners of the co-partnership demands, and jointly liable for the demands against it. The case states that Sanborn had been the active, partner, but that on the
The claim for the hay, which was sued against Sanborn alone, was clearly the joint debt of the defendants ; and the plaintiff, who attended to it as attorney for them, is entitled to his pay of them jointly, therefor; and for the money by him paid on the judgment, which was recovered in that action. As between these defendants, it is of no consequence that the action was, in form, against Sanborn only. It is of no consequence to the defendants, which of them paid it, as it would go into the final settlement between them, and have the same ultimate effect; for this case contains no suggestion but that both the defendants, and their co-partnership, are all perfectly solvent.
The whole argument for the defendants seems to have gone on grounds that do not appear in the case, that is, that the demands were sold to Downer, and that Sanborn was insolvent.
Judgment affirmed.
Reference
- Full Case Name
- Bliss N. Davis v. Downer & Sanborn
- Status
- Published