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Decisions of the Superior Courts of New South Wales, 1788-1899

Short v. Berry, 1827

equity - partnership

Supreme Court of New South Wales

Trial, 31 March and 2 April 1827

Source: Australian, 7 April 1827

 

Short v. Berry - An issue was directed to be tried by the Supreme Court, (equity jurisdiction) to ascertain whether a general or special partnership had been entered into by the plaintiff and defendant.  This came before the Court on Saturday and Monday, when the Assessors, &c. brought in the following verdict: - "We find that the plaintiff and defendant, engaged as partners, in the purchase and loading of a ship, called the City of Edinburgh, at the Cape of Good Hope, sometime on, or about the month of May, 1807, under the firm of Short and Berry; and continued as partners in such ship and cargo and proceeds thereof, until the sixth day of April, 1812, at which time the ship foundered at sea, and the said partnership terminated; and we further find, that no general or other partnership has been proved to have been entered into, or exists between the two parties."  Thus settling, that the partnership was for a special purpose, and limited to the City of Edinburgh, her cargo and proceeds.[1 ]

 

Notes

[1 ] See also Sydney Gazette, 6 April 1827; Monitor, 6 April 1827.

Published by the Division of Law, Macquarie University