Burke v. Parke
West Virginia Supreme Court
Bill filed in tlie circuit court of Monroe county, in November, 1869. Dismissed and injunction dissolved at May term, 1870. The points at issue are stated in the opinion of Maxwell, J. ' The bill in this ease presents the following grounds of equity and justice: 1. Jurisdiction to enforce the award; or, if not this, 2. To set aside the award; and 3. Jurisdiction on the ground of fraud, and for’ the settle-meat of the partnership business of the late firm of Parke & Co.…
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Bill filed in tlie circuit court of Monroe county, in November, 1869. Dismissed and injunction dissolved at May term, 1870. The points at issue are stated in the opinion of Maxwell, J. ' The bill in this ease presents the following grounds of equity and justice: 1. Jurisdiction to enforce the award; or, if not this, 2. To set aside the award; and 3. Jurisdiction on the ground of fraud, and for’ the settle-meat of the partnership business of the late firm of Parke & Co. First. Assuming that no valid ground exists for setting aside the award made by the arbitrators to whom were referred the…
1Opinion of the CourtMaxwell, J.
The appellant, Burke, and the appellee, Thomas F. Parke, were merchants and partners doing business under the firm name of Parke & Co., and on the 12th day -of January, 1809, dissolved their partnership by mutual consent. After dissolution, a difference arose between them as to the payment of the partnership liabilities, and division of the partnership effects remaining after the payment of debts, to adjust and settle which, they submitted all matters of difference between them, in respect to their said partnership, to the arbitrament and award of certain arbitrators, by agreement under seal…
2Cited by6 opinions
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