Miller v. Price
Wisconsin Supreme Court
APPEAL from the County Court of Milwaulcee County. Action against Warrich Price and William B. Price, for moneys in their hands alleged to be the property of the plaintiff.
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APPEAL from the County Court of Milwaulcee County. Action against Warrich Price and William B. Price, for moneys in their hands alleged to be the property of the plaintiff. The complaint alleges that in 1862 the plaintiff and one Harris entered into an arrangement for the purpose of buying and selling, upon joint account, a certain quantity of pork packed in barrels, and that in such business there was used the joint names of Harris & Miller; that the terms of said arrangement were as follows : That plaintiff should furnish whatever money should be necessary in said business, aside from such…
1Opinion of the CourtCole, J.
If indeed a partnership existed between Harris and Miller, then it seems to be well settled that both should join in the action. Eor in that case the money would belong to the firm, and be subject to the liabilities and incidents of the partnership until dissolution, and one partner coirld not sue and recover it at law. The question therefore arises, does the complaint show that a partnership existed between Harris and Miller ?
Prom the facts stated in the complaint it is obvious that there was to be a joint loss in the business, if the returns should fall short of the outlay, and a…
2Cases cited1 opinion
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
3Cited by9 opinions
- Langley v. SanbornWisconsin Supreme Court · 1908
- Smith v. PutnamWisconsin Supreme Court · 1900
- Sullivan v. SullivanWisconsin Supreme Court · 1904
- Viles v. BangsWisconsin Supreme Court · 1874
- Rosenfield v. HaightWisconsin Supreme Court · 1881
4 more not listed; retrieve them via the Exa API.