The New York herald., 1869-02-13
UNITED STATES SUPREME COURT.
An Early Enterprise Of . Distinguished Fa.
mily-Thc Result-Parfnership-L -Limitati0n-
The Seymour FanliIy-Its Branches and Rep

resentatives.
Horatto Seymour et al U.s. Lenassr G. P Freer,
Administrator Of Jeremiah Price decedsed.This IL
an appeal by the defendants in the original suit
from decree of the Circuit Court for the Northern
district OF Illinois. The petition there filed alleges
that on the sth OF May 1885, an agreement was en-
tered into between jeremiah Price, deceased and
Henry Seymour, deceased, by which Price agreed TO
act as the agent OF Seymour in the selection and
purchase OF eligible lands near town sites, or ex-
pected town sites, &C.. In the States of Iino In
diana and OHIO and in the Territories OF Michigan
and Wisconsin. The lands were to be purchased the
same year but only after the most careful searches
ments, and they were TO be sold within 1--WE years
from that date upon which sale, after paving ali
charges and taxes on the investment and seven
per cent interest on the amount invested, Price
was to have One-half OF the sum realized from the
or nd in maKn9 the m snd
explorations. The sum Invested was 5000, ad-
vanced by Seymour and the titles OF all the property
purchased were TO be taken In the name OF Seymour
This agreement made at Utica N. " is set out In
the bill, which then proceeds to recife that Henry
Seymour died at Utica, In August, 1887, leaving
last will and testament IN which were named az
heirs at law Horatio seymour and John 7. seymour,
sons o. the testator; Mary Miller. wife Of Kntxer
Shonnard; Helen q. Lineklaen, wife Of Ledyard
Ltnekaen ana Julia G. Conkling, wife OF Roscoe
Conkling, daughters OF the tcstator. and OF which
Epaphr0 Seymour, OF Bratteb0ro, VT; Horatio Sey-
mour, OF Utica. N. Y. and origin ). seymour, OF
estate OF the testator directed in the III to de-
scend TO and be distributed among the six children
namsd as " M.rx case Of s sestae except as 60 the
Miller the. title whereto was, by the terms
Of the win, vested in the executors, as
themselves the trust but subsequently rest gned their
charge as trustees Of Mary r. Miller, and Edmund
A. Wetm0re, OF the city OF Utca was appointed IN
their stead, aud now holds such trust by appoint
ment OF q court in chancery. summons was asked
to ali the parties named as defendants. Thr bill also
Of
chased under the agreement, none OF which was
sold within the i've years stipulated; but that the
administrator had. up to the fling OF the bili sold
about 200 acres OF the land Tor the aggregate sum OF
$50, 200, OF which complainant admits having re-
and figures, important 10 the case but OF interest
to the public, are set FORTH and It Is then said that
the defendants have steadily denied the claim made
on behalf OF Prices estate to har the pronts OF the
transaction as stated and refused to adjust accounts
that basis The bill then declares the fear OF the
administrator that in case the residue OF the lands
should be sold out and the whole proceeds converted
into money including the moneys due on sales
already made or TO become due and the same
with moneys now in hand, should be suffered
to 20 INTO the hands OF and be paid over TO
the numerous ieirs and deyisees OF the testator
his executors and trustees beyond the limits, and
without the Jurisdiction OF the courts OF Illinois,
where the whole business mas been transacted and
the profits earned and made, that the rights and
interests OF the estate OF Price, in the profits the
investment, VIII be so thoroughly dlssipated and
placed beyond reach. and lost as TO be hardly
worth pursuing or asserting. For this reason the
bill iled to obtain on adjustment OF the rights Of
NJ,
prayer was that the residue oil the lands be directed
10 he sold and for the appointment or receiver, &c.
and Tor an injunction 10 restrain the deiendants rom
any further disposition OF the lands, and from
further withdrawing from the compainants any
moneys derived from sales kc All tile heirs, except
HoratIo seymour, answer jointly, denying tDat Price
III his lifetime he died In 1854 claimed any interest In
nte to any portion OF the profits after the expra
ton OF the i've years named in tie agreement, or
that he pretended 70 stand in any other relation TO
the defendants then that OF agent to negotiate sales
Tor nem and Tor lner exclusive benefit 1t is also
under his agreement with Henry seymour,
| by reason OF the neglect TO sell the lands
within five years, those claims are cut Off by the
statute OF limitations OF the State OF Illinois and the
present proceeding cannot be maintained. 1t Is de-
in the controversy and avcrred they should not have
| been made defendants. The heirs allege that the
executors are not wanting in the ability 70 dispose
OF the lands to refund any moneys which the court
may aiudge 10 belong TO the estate OF Prices and t
is submitted tnat the prayer Tor an Injunction and
l further appointment OF a receiver Is unreasonable
| and ought not 10 be granted The answer OF Hora-
ito Seymour AYERS that Price advised against the
| sale OF the lands and never made any; and that
Price waived, excused and released the deiendants
from any claim interest under the agreement set
forth the petition and treated the defendants az
sole owners OF Tire property and solely entitled 10 the
proceeds thereof, and never pretended to have any
! interest; that he refused and omitted to pay the
taxes on the property. and only desired OF the de-
PENDANTS reasonable compensation for his services.
but not under the contract made with Henry Sey
m0ur The statute Of limitations ~ set up Ia the
answer OF the heirs and all the allegations the bill
inconsistent with the answers filed are denied. The
receiver being appointed. with directions to pay
over 10 the administrator onehaf OF ali the proceeds
Of sale, aiter payment OF all charges, &C. Appeal
Is taken to tins court to reverse. that decree.
The court below construed the contract establish
ing acoprtnersnip between Price and seymour. aud
held that the sales made and to be made be
deemed as being on the Joint account OF those par
ties or their estates No injunction granted: but
~ substitute therefor money n the hands of Mr..
Coventry agent OF the deysees of Henry seymour
proceeds OF certain saies--were to be eQGallv d-
vided between the administrator and the deyisees
IN rfnt, To astul
OF security to sell the iaud private sale. The ap
peiiants contend that no Interest OF any third parry
being IN question the sole inquiry Is as 70 the con-
struction and meaning OF the agreement between the
contracting parties. There nothing in tlc poncy
OF the law or IN adIudged cases which requires that
they should be considered cUpartners. or 10 have "a
joint interest between themselves TO any extent be-
yond the explicit language OF their agreement The
express language or the instrument Is lhat the only
compensation Price was to have was the profits to
arise upon sale OF the lands within i've years from
lts date. ana tnere y not word IN u which by
fair ntendment, looks 20 any general interest IN n
In the nature OF The interest OF partner In partner
ship property. fhe ianos which Price was 10 se-
should be 'nl0st advantageous 10 the mt rest OF
the SAID ilenrya and This ansnage coniraaicts the
theory that the services Of PIce were 70 he consid-
cred ~ contribution towards the purchase OF part
nersnlp property, Or an equivalent 70 the money
cc advanced by Mr- seymour, and that they their
representatives have a common interest in tine lands
These words show that the lands were 10 be pur-
chased Tor the general interest of Seymour AMI that
the interest OF Price only the special one secured
TO him by the subsequent provision IN MS favor The
provision that the contracts aud conveyances should
be made and taken IN the name VI Seymour. leads to
tie same conclusion. 10 l. submitted that the pro-
vision that the lands shall be PURCHASED ..withn the
present year, ana snail be .sod wifhin nye years
nom the present .tilne; and oul Of the profits which
may be made BY such purchase and sale. there shall
be paid 70 the said Jeremiah one-haf OF the sameu
renders the construction or the devIsecs perfectly
clear 'such' purchase and sale means the pur-
chase 70 De presently made and 4 sale to be made
within fve years. f IL had been a general partper-
ship enterprise which was in contemplation, the
provision would have been. that upon d sale or anv
t1o
vded; but a. 10 any sale TO be made after that time
thcre " no provision Tor participation by Price.
u further argued that the DEGREES below can
not be sustained upon any idea that Mr. seymour
OF ms representatives were in fault for not selling
tne lands within i've years. II fs ad-
United that the lands were uusaiabla
within that time. The point that the rights OF Price
ana his representatives were barred by the lapse OF
TINE, and that their action must fail for that cause
ls considered clear Good faith rennlrna thai Mr.