TaiLexi AI U.S. Case Law

Wilcox v. Matthews

Sextus N. Wilcox v. Frederick E. Matthews

Wilcox v. Matthews, 6 N.W. 215 (Mich. 1880)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Michigan Supreme Court · State Highest Courts
Decided
June 23, 1880
Judges
Campbell, Other
Citations
6 N.W. 21544 Mich. 1921880 Mich. LEXIS 526
Disposition
Reversed.
Headnotes
Partnership — Lien of partner as against prior mortgage. E seems that an agreement to carry on business and receive half the profits, does not make one a partner. A partner has a lien on the firm property as against a chattel mortgage given before he joined the firm. Evidence that an arrangement for carrying on business for a share of the profits was entered into under an advertisement for a partner, tends to show a partnership.
Summary
Error to Newaygo. Replevin. Plaintiff brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Campbell

Text extracted by OCR from a scanned original; check the original for exact wording.

Campbell, J.

Wilcox, under title derived from a chattel mortgage executed to him by the Sextus N. Wilcox Lumbering Company, replevied certain goods from the defendant who was in possession under an agreement with the company whereby he was entitled to half the profits of carrying on the business. There was a dispute concerning the fact of partnership. The court charged the jury that defendant would have a lien on the property even though there was no partnership, and he recovered judgment for the amount of it.

There is no doubt if he was a partner he had a lien for his claim. On the testimony, which showed the arrangement *193 was made under an advertisement for a partner, the jury might have found that relation. But if he was not a partner he was in the position of any clerk or agent whose wages are measured by profits ;and no authority has been cited showing that a lien exists in such cases. The case was put to the jury too strongly.

Judgment must be reversed with costs and a new trial granted.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 11922: 118962026peak 1896 · 1

Relies on it most ⓘ

  1. Varley & Co. v. Oberg189 N.W. 450 (Minn. 1922)
  2. Stockman v. Michell67 N.W. 336 (Mich. 1896)

Most recent

  1. Varley & Co. v. Oberg189 N.W. 450 (Minn. 1922)
  2. Stockman v. Michell67 N.W. 336 (Mich. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list