Locke v. Locke
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on April 17,1891, and amended February 16,1893, alleging the following facts. The plaintiff and the defendant have for many years been associated together in the business of manufacturing steam regulators at Salem as equal partners, under the style of Locke Brothers ; the partnership has been dissolved by the mutual consent of the parties.
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Bill in equity, filed in the Superior Court on April 17,1891, and amended February 16,1893, alleging the following facts. The plaintiff and the defendant have for many years been associated together in the business of manufacturing steam regulators at Salem as equal partners, under the style of Locke Brothers ; the partnership has been dissolved by the mutual consent of the parties. The plaintiff, for his part of the business of the firm, has been largely engaged in selling the manufactured goods in various parts of New England and elsewhere, and has had but little to do with the work of the…
1Opinion of the CourtMorton, J.
The findings of the master are not to be set aside unless, upon the evidence as reported, they are clearly erroneous. Richards v. Todd, 127 Mass. 167.
*444We think that the evidence well warranted the finding that the three thousand dollar note was given by the plaintiff and taken by the defendant in part settlement of a supposed balance of thirty-six hundred and sixty-nine dollars due from the •plaintiff to the defendant on an adjustment of the partnership accounts, and that it proceeded on the mistaken and innocent assumption on the part of both that the plaintiff was liable for the whole amount…
2Cases cited3 opinions
- Richards v. ToddMassachusetts Supreme Judicial Court · 1879
- Gould v. EmersonMassachusetts Supreme Judicial Court · 1894
- Abercrombie v. SpaldingMassachusetts Supreme Judicial Court · 1893
3Cited by2 opinions
- Bowker v. TorreyMassachusetts Supreme Judicial Court · 1912
- Rice v. WinslowMassachusetts Supreme Judicial Court · 1902