Opinion

Nally v. Brett

  • 2 Mass. L. Rptr. 161
Court
Massachusetts Superior Court
Filed
May 16, 1994
Status
Published
Author
Whitehead
On the bench
Whitehead
Cited by
0 cases
Authority
More cited than 8.5%

The opinion

Whitehead, J.

The motion of the defendant Francis Glynn for summary judgment is allowed. The record is wholly insufficient to warrant a fact-finder in concluding that a partnership-in-fact existed between Mr. Brett and the defendant Glynn. With respect to the claim of a partnership by estoppel, the record would warrant a fact-finder in concluding that the defendant Glynn knew that his name was on the entrance to Mr. Brett’s law offices and on the letterhead of “Reed, O’Reilly and Brett,” and even that he consented to such placement of his name. However, that is as much as the plaintiff can establish. Those circumstances are not sufficient to establish that the defendant Glynn held himself out as a partner of Mr. Brett. Accordingly, the first of the four elements of a partnership-by-es-toppel cannot be met. The defendant Glynn cannot be held liable for Mr. Brett’s actions under principles of partnership law. See Brown v. Gerstein, 17 Mass.App.Ct. 558 (1984); Janjigian v. Ferraro and Walsh, 1 Mass. L. Rptr. No. 4, 86 (October 4, 1993).

Similarly, because the plaintiff cannot establish that the defendant Glynn held himself out as a partner of Mr. Brett, Mr. Glynn has no liability to the plaintiff under G.L.c. 93A.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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