Tolford v. Tolford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Qlarh County. The complaint stated three separate causes of action: the first for a balance due plaintiff upon certain alleged partnership transactions; the second and third for certain sums of money alleged to have been loaned by plaintiff to defendant. The answer denied that plaintiff and defendant were ever co-partners; denied generally the first and second canses of action; and set up a counterclaim.
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APPEAL from the Circuit Court for Qlarh County. The complaint stated three separate causes of action: the first for a balance due plaintiff upon certain alleged partnership transactions; the second and third for certain sums of money alleged to have been loaned by plaintiff to defendant. The answer denied that plaintiff and defendant were ever co-partners; denied generally the first and second canses of action; and set up a counterclaim. There was a verdict for the plaintiff; a motion for a new trial on the ground that the verdict was contrary to law and against the evidence, was denied; and…
1Opinion of the CourtObtoN, J.
In this case, the first cause of action set out in the complaint is predicated upon partnership dealings and transactions between the parties, which had not been closed, settled or adjusted, and of which no accounting had been made, or balances in favor of .either party had been ascertained. The other causes of action set out are common money demands.
The law of this state is perfectly well settled, “ that one partner has no claim against his copartner individually on account of partnership transactions, although a final settlement of the affairs of the firm would show a balance in his favor.”…
2Cited by6 opinions
- Hill v. PalmerWisconsin Supreme Court · 1882
- Smith v. PutnamWisconsin Supreme Court · 1900
- Rose v. BradleyWisconsin Supreme Court · 1895
- Clarke v. MillsSupreme Court of Kansas · 1887
- Martin v. StubbingsAppellate Court of Illinois · 1886
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