Richardson v. Taylor

• Decision Date: 22 November 1883
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: William H. Richardson v. John W. Taylor & others

136 Mass. 143

William H. Richardson v. John W. Taylor & others

Supreme Court of Massachusetts

November 22, 1883

Middlesex. Bill in equity, against John W. Taylor, Charles H Taylor, and William E. Taylor. The case was referred to a master, who found among others the following facts, which are all that are material to the point decided:

In October, 1872, a copartnership was formed between the plaintiff and the defendants Charles H. Taylor and William E Taylor, for the purpose of carrying on the express business. Upon the dissolution of the partnership, the plaintiff bought the interest of the other two partners in the firm, who authorized the defendant John W. Taylor, their father, to settle with the plaintiff in their behalf. John W. Taylor had been employed by the firm as bookkeeper, and continued in the employ of the plaintiff for about a month after the dissolution of the firm. While John W. Taylor was thus employed by the plaintiff, they looked over the partnership accounts together, and the plaintiff had the books for examination for the purpose of ascertaining how the accounts stood, and what amount was due to each partner. The settlement finally made was based upon the statement of the partnership accounts as made up by John W. Taylor, and neither of the other defendants had anything to do with the settlement. The plaintiff paid $ 1270 to John W. Taylor, as the authorized agent of the other defendants, as the amount due them upon such settlement. John W. Taylor said to the plaintiff at the time of the settlement, in substance, that if the settlement as made was not right, it should be made right. There was no intentional fraud or misrepresentation on the part of John W. Taylor, and he had no personal interest in the settlement, and only acted as agent for the other defendants, and, in some degree, in looking over the books and accounts, acted as the agent of all the copartners to ascertain the amount due each.

There was in fact due the plaintiff from Charles H. Taylor the sum of $ 456.05, and from William E. Taylor the sum of $ 263.59. If John W. Taylor was liable in equity to the plaintiff, the amount of such liability is $ 719.64, provided such liability is for the full amount of the over payment.

At the hearing before a single justice the bill was dismissed as against John W. Taylor, without costs, and without prejudice to any action at law; and a decree was ordered for the plaintiff agains...