Winchester v. Glazier
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed March 10, 1885, for a partnership accounting. The case was reserved, upon the pleadings and a master’s report, by Holmes, J., and was as follows.
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Bill in EQUITY, filed March 10, 1885, for a partnership accounting. The case was reserved, upon the pleadings and a master’s report, by Holmes, J., and was as follows. The plaintiff and defendant entered into a partnership on July 22, 1869, under the following articles, signed by them and under seal: “Whereas the undersigned have this day associated themselves in a limited copartnership to carry on the business of dealers in small wares or furnishing goods in the city of Boston, of which the undersigned George M. Glazier is the general partner, and the undersigned Charles Winchester is the…
1Opinion of the CourtC. Allen, J.
The first question is, whether the defendant was entitled to draw a salary .in half-years when there were no net profits. This question is open to doubt if the partnership articles alone are looked at, but its determination does not depend merely upon the construction which would be given to the partnership articles taken by themselves alone. It is a general rule for the construction of written instruments, including deeds, contracts, statutes, and constitutions, that when the language is open to doubt, and parties whose interests are diverse have from the outset adopted and acted upon a…
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