Moran v. Bentley
Supreme Court of Connecticut
Action for an adjustment of partnership accounts and for 188,000 damages, brought to the Superior Court in New London County and reserved by that court, Robinson, J., upon the facts found, for the consideration and advice of this court. After the Superior.
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Action for an adjustment of partnership accounts and for 188,000 damages, brought to the Superior Court in New London County and reserved by that court, Robinson, J., upon the facts found, for the consideration and advice of this court. After the Superior. Court had been advised by this court (69 Conn. 392) that the plaintiffs were not entitled, upon the pleadings as they stood, to an accounting, the plaintiffs twice moved for leave to file substituted complaints, which was denied, first by Robinson, and subsequently by Shumway, J., and judgment was rendered for the defendant, from which the…
1Opinion of the CourtBaldwin, J.
The advice given by this court when this *627cause was before it on a former occasion was, that as the pleadings then stood the plaintiffs were not upon the facts found, entitled to a judgment for an accounting. Moran v. Bentley, 69 Conn. 392, 404. Their allegations were that Bentley was a partner; the finding was that, as between him and them, he never was. That he occupied the relation of a partner as to others, did not entitle the plaintiffs to hold him as such, in contravention of their express agreement. The variance was a material one. Any amendment of the complaint sufficient to avoid it,…
2Cases cited2 opinions
- Johnston v. SikesConnecticut Superior Court · 1888
- Moran v. BentleySupreme Court of Connecticut · 1897
3Cited by6 opinions
- Baker v. BakerSupreme Court of Connecticut · 1974
- Mitchell v. SmithSupreme Court of Connecticut · 1901
- Más v. Borinquen Sugar Co.Supreme Court of Puerto Rico · 1912
- Republic Rubber Co. v. FosterSupreme Court of Connecticut · 1920
- Garfield v. Hartford & Springfield Steeet Railway Co.Supreme Court of Connecticut · 1907
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