Barnum v. Landon
Supreme Court of Connecticut
This was an action of account, brought by Milo Barnum, Leonard Richardson, and William H. Barnum, partners, doing business under the name of Barnum, Richardson and Company, against Horace Landon, Schuyler Pratt and Charles E. Botsford, as partners under the name and firm of Landon & Co. The declaration contained three counts, on the first and third of which only was a verdict rendered.
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This was an action of account, brought by Milo Barnum, Leonard Richardson, and William H. Barnum, partners, doing business under the name of Barnum, Richardson and Company, against Horace Landon, Schuyler Pratt and Charles E. Botsford, as partners under the name and firm of Landon & Co. The declaration contained three counts, on the first and third of which only was a verdict rendered. In the first count the plaintiff called upon the defendants to render their reasonable account for the time during which they were bailiffs of the plaintiffs; alleging, that, from the first day of April, 1853,…
1Opinion of the CourtEllsworth, J.
The motion, in arrest is placed on two grounds, First, the want of jurisdiction in the court, and *148second, the insufficiency of the allegations in the declaration. As to the first, it is said, our statute requires, that “ whenever an action shall be instituted against two or more defendants, to compel them to render an account, it shall be by bill in equity,” Rey. Stat., 478, and as there are here three defendants, the plaintiffs have mistaken their remedy, which was in equity, and not at law. This objection proceeds upon an entire misapprehension of the statute. The statute has reference to…
2Cited by19 opinions
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Prairie Oil & Gas Co. v. AllenCourt of Appeals for the Eighth Circuit · 1924
- White v. SmythTexas Supreme Court · 1948
- Lamberton v. Merchants' National BankSupreme Court of Minnesota · 1877
- Patten v. SwopeSupreme Court of Alabama · 1920
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