Legal Opinion

Lincoln Fearing & Co. v. Executors of Russell Ball

Supreme Court of Louisiana

Decided June 15, 1834PublishedCited by 4 opinions

APPEAL PROM THE COURT OP PROBATES POR THE PARISH AND CITY OP NEW-ORLEANS. This was an action commenced in the Probate Court by Lincoln, Fearing & Co., a commercial firm in Boston, against the executors of Russell Ball, deceased, for the liquidation and payment of the partnership concerns of Russell Ball & Co., which the plaintiffs allege they caused to be established in New-Orleans, in 1818, to carry on the sale and trade in hardware and ship chandlery, as a branch of their…

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APPEAL PROM THE COURT OP PROBATES POR THE PARISH AND CITY OP NEW-ORLEANS. This was an action commenced in the Probate Court by Lincoln, Fearing & Co., a commercial firm in Boston, against the executors of Russell Ball, deceased, for the liquidation and payment of the partnership concerns of Russell Ball & Co., which the plaintiffs allege they caused to be established in New-Orleans, in 1818, to carry on the sale and trade in hardware and ship chandlery, as a branch of their firm in Boston; that Russell Ball had charge of said establishment, but in which all of the partners were equally…

1Opinion of the CourtMathews, J.

In this action the defendants are called on to render an account of certain partnership business alleged to have been carried on between the testator and the plaintiffs, and to pay to the latter their portion of mercantile profits which were gained by the trade that was conducted by the testator in the city of New-Orleans, as one of the partners of the firm composed of Lincoln Fearing & Co. The plaintiffs all reside out of the state, and also the heirs and representatives of Hawkes Fearing (who was a partner,) and whom the petitioners prayed to be made parties to this suit. The executors…

2Cases cited1 opinion

  1. Casson v. CuretonSupreme Court of Louisiana · 1822

3Cited by4 opinions

  1. Francis v. LavineSupreme Court of Louisiana · 1869
  2. Viley v. WallSupreme Court of Louisiana · 1925
  3. Lobdell v. BushnellSupreme Court of Louisiana · 1872
  4. Ranlett v. Collier White Lead Co.Supreme Court of Louisiana · 1878

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