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MONTGOMERY v. BUCYRUS MACHINE WORKS

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92 U.S. 257 (1876)

23 L.Ed. 656

MONTGOMERY, ASSIGNEE, v. BUCYRUS MACHINE WORKS.

Supreme Court of United States.

April 17, 1876.

Attorney(s) appearing for the Case

Mr. James Baker for the plaintiff in error.

Mr. T.W. Bartley and Mr. S.E. Jenner, contra.

MR. JUSTICE DAVIS delivered the opinion of the court.

There can be no question, on the conceded facts of the case, that Stewart, Porter, and Wallace were copartners, under the firm name of Stewart, Porter, & Co.; and that they are bound by the duties and obligations arising out of that relation, so far as the transactions and contract with the defendant are concerned. The firm was formed at Sedalia, Mo., in January, 1870, by Stewart and Porter, to deal in agricultural...

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