David Davis

“ Sweet is defending the suit of foreclosure of warehouse property; can't imagine what he does it for, unless it is to make you pay him for keeping still, or to stave it off until the property should rise more in value. Sweet is willfull.' Wheeler says subsequently, at different dates: 'I think there is a game, an intrigue in the defence, against the warehouse property. There may be a collision of parties that we little expect . . . Sweet is ugly, and is determined to make you all the trouble he can;' 'is trying to make some defence in your chancery suit of warehouse property ”

“ As one partner has no authority to bind the firm outside of their ordinary business, he cannot of course be held liable to account, should he make a profitable adventure in a matter not legitimately connected with the business of the firm. ”

“ That there was an agreement that Sage should act as the agent of his copartners in perfecting the title to the mortgaged premises; and having violated his agreement and made a private bargain with Mitchell for his individual benefit, he is chargeable as trustee.
Each partner is the agent of his copartners in all transactions relating to partnership business, and is forbidden to traffic therein for his own advantage, and if he does, will be held accountable for all profits. But beyond the line of the trade or business in which the firm is engaged, there is no restraint on his right to traffic. ”

“ If he has been engaged in an illegal business and been cheated, equity will not help him. 'The Warehouse Case,' as it is somewhere called in the record, is anything but to the parties concerned, and it is surprising that they should have been willing to give publicity to it through a legal proceeding. Sweet was an insolvent debtor, owing Sage, Wheeler & Slocum $24,000, secured on real estate in Milwaukee, which was worth, when the security was given, $50,000, and over $100,000 when the bill in this case was filed. ”

“ Wheeler writes to Sage, May 5, 1855: 'F. thinks if you can buy Sweet's peace, that the creditors of Sweet could be bluffed off, by getting a large decree and taking a proper time to sue it, and the price of Sweet's peace to be contingent to the final adjustment of title.' Again, under date of May 18, he writes to Sage, 'that if we do not make some arrangement with S. to stop the defence and let us have the decree at this term, we will have to take the money on the mortgage, as the property has risen in value more than 100 per cent. ”

“ At any rate, we shall get a large and full decree, which we could not get without this, and with the judgments in our own hands, it is almost a certainty that we shall get through just as we expect to. As to the renting of the warehouse, would say I think it would have been better to have kept along as we are, until we get a decree and sale, and should prefer it now, if you can arrange with your man. If you cannot, then you must do the best thing you can, and keep as quiet as you possibly can. I think the least said the better. Mitchell will put all right with Sweet. ”

“ If Wheeler would take advantage of Sage's contract with Mitchell, he must take it in whole, and exactly as Sage made it. He should not be permitted to hold us in a lawsuit, and to speculate upon the chances of prospective value of what Sage received from Mitchell. [1]
2. The bill of complaint itself states in the outset that the partners were engaged in 'a general produce business.' Admit that the mortgage debt was treated as a partnership adventure. What then? The partnership gained thereby no interest in the mortgaged premises. ”