¶1This action of trespass will not lie. The Court entertain strong doubts, whether under the peculiar circumstances of this case any action will lie, or whether the plaintiff has any remedy unless for his share of the balance, if the partnership should be ultimately solvent; but of this, as t is not now before the Court, they express no opinion.
38 Mass. 401
Furlong v. Bartlett
Massachusetts Supreme Judicial Court
Decided April 15, 1839
Massachusetts Supreme Judicial Court · decided 1839-04-15
Trespass de bonis asportatis. On a case stated, it appeared that in 1833 the plaintiff applied to the defendant for assistance in going into business. The defendant agreed to aid him by an advance of money, on the understanding that the plaintiff and William S. Bartlett, a grandson of the defendant, should become copartners.
Decided 1839-04-15