Coville & Garber v. Gilman
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of Ritchie county, rendered on the 25th day of April, 1876, in a cause in chancery, in said court then pending, in which Corrydon Coville and Jonathan Gar-ber, partners in business under the firm name of Coville & Garber were plaintiffs, and J. C. Gilman and others were defendants, granted on the petition of said plaintiffs.
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Appeal from and supersedeas to a decree of the circuit court of Ritchie county, rendered on the 25th day of April, 1876, in a cause in chancery, in said court then pending, in which Corrydon Coville and Jonathan Gar-ber, partners in business under the firm name of Coville & Garber were plaintiffs, and J. C. Gilman and others were defendants, granted on the petition of said plaintiffs. Hon. James Monroe Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. Green, President, furnishes the following statement of the case: The facts shown by the record in this case are,…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The first question, presented by the record, is: Ought the bill to have been dismissed for want of equity on its face, or on the demurrer?
The first difficulty in sustaining the bill is, that on its face it appears that'the partnership, the settlement of whose accounts is sought, has never been dissolved. The general rule is, that a court of equity will not entertain a bill for the settlement of partnership accounts, while the partnership is still existing ; and the bill on its face shows, that no dissolution of the partnership is…
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