Legal Opinion

Bernitt v. Smith-Powers Logging Co.

U.S. Circuit Court for the District of Oregon

Decided January 9, 1911No. 3,646PublishedCited by 2 opinions

In Equity. Suit by E. W. Bernitt and another against the Smith-Powers Logging Company and others for an accounting growing out of an alleged joint adventure. On demurrer to the bill, and on complainants’ application for a receiver.

1Opinion of the Court

WOLVERTON, District Judge.

This is a suit for an accounting growing out of alleged copartnership or joint relations. It is shown, in effect, by the bill of complaint, that about the year 1882 E. B. Dean, David Wilcox, and C. H. Merchant were copartners, under the firm name of E. B. Dean & Co.; that said copartnership and E. W. Bernitt, William Klahn, George Wullf, and David Young entered into a partnership agreement in substance as follows: That E. B. Dean & Co., being the owners of certain lands abutting upon tide waters and of the tide lands adjacent, agreed with the said Bernitt, IClahn,…

2Cases cited4 opinions

  1. King v. . BarnesNew York Court of Appeals · 1888
  2. Irwin v. EversonSupreme Court of Alabama · 1891
  3. Wilcox v. PrattNew York Court of Appeals · 1890
  4. Wilcox v. . PrattNew York Court of Appeals · 1890

3Cited by2 opinions

  1. Pine Products Corp. v. United StatesUnited States Court of Claims · 1988
  2. Adams v. City of DuluthSupreme Court of Minnesota · 1928

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