22 R.I. 376
48 A 141
Decided February 1, 1901
Supreme Court of Rhode Island · decided 1901-02-01
<p>(1) Assumpsit. Acaowut. Partnership.</p> <p>A. and B. agreed to share the gains and losses of a particular adventure. A. furnished a certain sum of money and loaned B. an equal amount to enable him to furnish his share of the capital Held, that assumpsit would lie in favor of A. to recover the money loaned.</p>
Cited by 1 later decisions — most recently December 1924
1 state decisions
Relies on Fry v. Potter · Dowling v. Clarke
Good law ✅— No negative treatment on recordhow we know
Heard on p'etition of plaintiff for a new trial, and new… · Decided 1901-02-01
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¶1 The nonsuit in this case was erroneously granted.
¶2 In Dowling v. Clarke, 13 R. I. 134, the claim was for an unascertained balance claimed to be due on a partnership account, and for this it was held that assumpsit would not lie.
¶3
¶4 This case is even stronger, from the plaintiff’s testimony that the money sued for was a loan to the defendant to enable him to the speculation of purchasing options on land.
¶5 Petition for new trial granted.