Warring v. Arthur
Court of Appeals of Kentucky
Case 12 — PETITION EQUITY — APPEAL EROM BELL CIRCUIT COURT. Where a compahy acts as a corporation without having been legally incorporated the members are liable as partners for all the debts of the company. (Cincinnati Cooperage Co. v. Bate, 14 Ky.
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Case 12 — PETITION EQUITY — APPEAL EROM BELL CIRCUIT COURT. Where a compahy acts as a corporation without having been legally incorporated the members are liable as partners for all the debts of the company. (Cincinnati Cooperage Co. v. Bate, 14 Ky. L. R., 141, 469; s. c„ 96 Ky., 356.) 1. Plaintiff can not maintain this action, even though he and defendants were partners, as alleged, as a partner can never maintain an action for contribution until there has been an accounting and settlement, showing what is due him after striking a balance. (Stone v. Mattingly, 14 Ky. L. R., 114; Shearer v.…
1Opinion of the Court
JUDGE EASTIN
DELIVERED THE OPINION OF THE COURT.
This action was brought by appellant in the Bell Circuit Court, alleging the existence of a partnership between himself and appellees, and seeking to enforce an alleged right of contribution from appellees of certain sums which he claimed to have paid in excess of his proportion of the partnership indebtedness.
It is charged in the petition that this partnership relation *36arose by operation of law, out of the fact that appellant and some of the appellees had. in the year 1890, signed articles of incorporation and undertaken to organize a…
2Cases cited1 opinion
- Lawrence v. ClarkCourt of Appeals of Kentucky · 1840
3Cited by5 opinions
- Burnett's Administratrix v. Farmers National BankCourt of Appeals of Kentucky (pre-1976) · 1932
- Kelley v. RamseyCourt of Appeals of Kentucky · 1917
- Lawson v. DavisCourt of Appeals of Kentucky · 1922
- Mt. Carmel Tel. Co. v. Mt. Carmel & Flemingburg Tel. Co.Court of Appeals of Kentucky · 1905
- Goff v. BergermanSupreme Court of Colorado · 1935