Legal Opinion

King v. . Winants

Supreme Court of North Carolina

Decided June 5, 1874Published

Civil aotioh for the dissolution of a co-partnership, for an account and the appointment of a receiver, and in the meantime for an injunction, restraining the defendant from receiving moneys due the co-partnership, heard before Bussell, J., at Spring Term, 1874, of New Haktovee Superior Court.

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Civil aotioh for the dissolution of a co-partnership, for an account and the appointment of a receiver, and in the meantime for an injunction, restraining the defendant from receiving moneys due the co-partnership, heard before Bussell, J., at Spring Term, 1874, of New Haktovee Superior Court. It was referred to a referee, who after finding certain facts, reported as his conclusion, that the parties were never at any time partners inter se, whatever may have been their status as to third persons. And that the agreement between the parties, was in fraud of the city of Wilmington, illegal and…

1Opinion of the CourtBeade, J.

The care and maintenance of certain sick persons in the service of the United States, and of the sick of the city of Wilmington, and of the county of New Hanover, were *470let to the lowest bidder by the several governments, and the plaintiff and defendant, who were rival bidders for the same, entered into a contract not to bid against each other, so as to enable one or both to get the contract at a much higher rate, and divide the profits between them. It is not denied that this was a fraud upon those governments, and against public policy, and that the contracts could not have been enforced…

2Cases cited1 opinion

  1. Whitaker v. . BondSupreme Court of North Carolina · 1869

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