Roys v. Vilas
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bane County. Tbe complaint in this action alleges, in substance, that during tbe year 1856 and until August 18, 1857, Samuel H. Roys and Silas U. Pinney were partners in tbe practice of tbe law, under tbe name of Roys & Pinney, at Madison in said county ; that said partnership was extinguished by tbe death of said Roys, and that said Pinney still survives; that in said years 1856 and 1857, said firm performed divers professional services for…
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APPEAL from tbe Circuit Court for Bane County. Tbe complaint in this action alleges, in substance, that during tbe year 1856 and until August 18, 1857, Samuel H. Roys and Silas U. Pinney were partners in tbe practice of tbe law, under tbe name of Roys & Pinney, at Madison in said county ; that said partnership was extinguished by tbe death of said Roys, and that said Pinney still survives; that in said years 1856 and 1857, said firm performed divers professional services for tbe defendant at bis request, to wit, &c.; that said services were worth $200; that said Pinney, as surviving partner…
1Opinion of the Court
By the Court,
Paike, J.
The respondent’s counsel is undoubtedly right in his position that a surviving partner has the exclusive right to the possession of the assets of the firm, as against the representatives of the deceased partner, for the purpose of paying its debts and settling its affairs. And the remedy on choses in action due the firm is to be prosecuted in the name of the survivor, and the executor or administrator of the deceased partner cannot be joined in the action, merely by virtue of his capacity as such. But it can by no means be inferred from this that every chose in action…
2Cases cited1 opinion
- Williams v. ElyWisconsin Supreme Court · 1860
3Cited by10 opinions
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- State ex rel. Richardson v. WithrowSupreme Court of Missouri · 1897
- Kimball v. LincolnIllinois Supreme Court · 1881
- Hargadine v. GibbonsMissouri Court of Appeals · 1891
- Lawrence v. VilaWisconsin Supreme Court · 1866
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