Kelly v. Biddle
Massachusetts Supreme Judicial Court
Bill in equity by Charles N. Kelly and George L. A. Kelly, both of Haverhill, copartners, doing business under the style of Kelly Brothers, against William E. Biddle and Thomas D. Nelson, both of Amesbury, setting forth, that the plaintiffs and defendants associated themselves together as copartners on February 20, 1897, for the purpose of purchasing the stock in trade of the Amesbury Carriage Company, a corporation formerly having its place of business in Amesbury, with a…
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Bill in equity by Charles N. Kelly and George L. A. Kelly, both of Haverhill, copartners, doing business under the style of Kelly Brothers, against William E. Biddle and Thomas D. Nelson, both of Amesbury, setting forth, that the plaintiffs and defendants associated themselves together as copartners on February 20, 1897, for the purpose of purchasing the stock in trade of the Amesbury Carriage Company, a corporation formerly having its place of business in Amesbury, with a view of selling the stock and making a profit thereon and dividing the profits equally among Kelly Brothers, Nelson and…
1Opinion of the CourtKnowlton, J.
The decree in this case is in accordance with the master’s report, to which no exceptions are taken. The appeal of the defendant Biddle is founded on the denial of his motion to dismiss the bill on the ground that it appears from the pleadings and the master’s report that it is “a bill seeking to enforce an illegal contract or joint undertaking, inasmuch as it seeks to enforce the distribution of the alleged profits arising out of the execution of an unlawful undertaking, namely, the entering into partnership of corporations with individuals.” The findings show that the plaintiffs, who were…
2Cases cited5 opinions
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- Catskill Bank v. Horace Gray & the Ulster Iron Co.New York Supreme Court · 1851
- New-York & Sharon Canal Co., & Sharon Canal Co. v. Fulton BankNew York Supreme Court · 1831
- Butler v. American Toy Co.Supreme Court of Connecticut · 1878
- Conkling v. Washington UniversityHigh Court of Chancery of Maryland · 1849
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