Mitchell v. O'Neale
Nevada Supreme Court
Appeal from tbe District Court of the First Judicial District, Storey County. This was an action for a dissolution of an alleged copartnership between the parties, an accounting between them, the appointment of a receiver, and general relief.
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Appeal from tbe District Court of the First Judicial District, Storey County. This was an action for a dissolution of an alleged copartnership between the parties, an accounting between them, the appointment of a receiver, and general relief. The main question of fact, as to the existence of a partnership, was submitted to a jury, which, after hearing the very voluminous testimony, returned a verdict as follows : “ We find there is no existing partnership between plaintiff and defendant other than their cotenancy in the Marysville Mill property.” After the verdict, plaintiff made a motion for…
1Opinion of the Court
*514By the Court,
Lewis, 0. J.
The examination of this case has conducted us to these conclusions : 1st. That the evidence is not sufficient to establish a co-partnership between the plaintiff and defendant of the general character alleged in the bill; but, 2d, whether a partnership of any kind were proven or not, the plaintiff made out a case entitling him to an accounting with respect to the operations of the Marys-ville Mill, and therefore that his bill should not have been dismissed.
As it is desirable to dispose of this case upon its merits, we will proceed to give the reasons which have…
2Cases cited1 opinion
- Garr v. RedmanCalifornia Supreme Court · 1856
3Cited by6 opinions
- Davidson v. StreeterNevada Supreme Court · 1951
- Speidell v. HenriciDistrict Court, W.D. Pennsylvania · 1883
- Holgate v. DownerWyoming Supreme Court · 1899
- Schmidt v. HortonNevada Supreme Court · 1930
- Trayes v. JohnsColorado Court of Appeals · 1898
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