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2 Mass. L. Rptr. 161

Nally v. Brett

Massachusetts Superior Court

Decided May 16, 1994

Massachusetts Superior Court · decided 1994-05-16

Cited by 1 later decisions — most recently January 1999

1 state decisions

Relies on 17 Mass. App. Ct. 558 - Brown v. Gerstein

Good law ✅— No negative treatment on recordhow we know

Decided 1994-05-16

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Whitehead, J.

¶1The motion of the defendant Francis Glynn for summary judgment is allowed. The record is wholly insufficient to warrant a fact-finder in concluding that a partnership-in-fact existed between Mr. Brett and the defendant Glynn. With respect to the claim of a partnership by estoppel, the record would warrant a fact-finder in concluding that the defendant Glynn knew that his name was on the entrance to Mr. Brett’s law offices and on the letterhead of “Reed, O’Reilly and Brett,” and even that he consented to such placement of his name. However, that is as much as the plaintiff can establish. Those circumstances are not sufficient to establish that the defendant Glynn held himself out as a partner of Mr. Brett. Accordingly, the first of the four elements of a partnership-by-es-toppel cannot be met. The defendant Glynn cannot be held liable for Mr. Brett’s actions under principles of partnership law. See Brown v. Gerstein, 17 Mass.App.Ct. 558 (1984); Janjigian v. Ferraro and Walsh, 1 Mass. L. Rptr. No. 4, 86 (October 4, 1993).

¶2Similarly, because the plaintiff cannot establish that the defendant Glynn held himself out as a partner of Mr. Brett, Mr. Glynn has no liability to the plaintiff under G.L.c. 93A.

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