Hoyt v. McLaughlin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. From June, 1871, until May, 1875, the parties to this action were partners in the wholesale liquor business in the city of Milwaukee. In May, 1875, the defendant sold out his interest in the business to one Toombs, and the partnership thereby terminated. The partners thereupon adjusted their individual accounts with the firm and settled the same.
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APPEAL from the Circuit Court for Fond du Lac County. From June, 1871, until May, 1875, the parties to this action were partners in the wholesale liquor business in the city of Milwaukee. In May, 1875, the defendant sold out his interest in the business to one Toombs, and the partnership thereby terminated. The partners thereupon adjusted their individual accounts with the firm and settled the same. This settlement was made on the basis of the account books of the firm, which purported to contain the true account of each partner with the firm. These books were kept by or under the direct…
1Opinion of the CourtLyon, J.
The law favors settlements, and courts will not open or disturb them but for very cogent reasons. Hence, when parties have mutually stated an account of their dealings with each other, and have adjusted balances on the basis of it, nothing short of clear and satisfactory evidence of fraud or mistake will justify the falsifying or surcharging of such account. Marsh v. Case, 30 Wis., 531; Klauber v. Wright, herewith decided. The evidence in this case is very voluminous. It has been carefully examined. We shall not attempt to review it, or even to state it in detail. . In the view we have taken…
2Cases cited1 opinion
- Marsh v. CaseWisconsin Supreme Court · 1872
3Cited by5 opinions
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- Fletcher v. WhitlowSupreme Court of Arkansas · 1904
- Elmore v. McConaghyWashington Supreme Court · 1916
- Raymond v. CoxNew Jersey Court of Chancery · 1888
- Ripley v. Sage Land & Improvement Co.Wisconsin Supreme Court · 1909