Legal Opinion

Clarke v. McAuliffe

Wisconsin Supreme Court

Decided January 12, 1892PublishedCited by 12 opinions

APPEAL from the Circuit Court for Milwaukee County. The facts are stated in the opinion. They contended, inter aUa, that where there is a parol agreement between two persons to extend their partnership dealings to, and to include the purchase of, real estate, and the funds of the copartnership have been used in the purchase of real property pursuant to such agreement, and the title to said real estate taken in the name of one partner, the other partner may, on proof of these…

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APPEAL from the Circuit Court for Milwaukee County. The facts are stated in the opinion. They contended, inter aUa, that where there is a parol agreement between two persons to extend their partnership dealings to, and to include the purchase of, real estate, and the funds of the copartnership have been used in the purchase of real property pursuant to such agreement, and the title to said real estate taken in the name of one partner, the other partner may, on proof of these facts, establish his interest in said real estate. Bird v. Morrison, 12 Wis. 138; 2 Story, Eq. «Tur. 1201.

1Opinion of the CourtObioN, J.

This action is brought for an adjustment of the partnership matter between the parties, and for an accounting, and for the dissolution of the copartnership; also for an injunction against the defendant from interfering with or disposing of any of the assets of the copartnership, and for a receiver of the partnership property, credits, and effects; and for an order that the defendant deliver to such receiver the moneys, property, and books of account of the partnership.

The partnership between the parties was formed May 11, 1885, for the practice of the law; but outside of the legitimate…

2Cases cited3 opinions

  1. Fairchild v. RasdallWisconsin Supreme Court · 1859
  2. Bird v. MorrisonWisconsin Supreme Court · 1860
  3. Tucker v. GroverWisconsin Supreme Court · 1884

3Cited by12 opinions

  1. Krzysko v. GaudynskiWisconsin Supreme Court · 1932
  2. Steuerwald v. RichterWisconsin Supreme Court · 1914
  3. Seymour v. CushwayWisconsin Supreme Court · 1898
  4. Smith v. PutnamWisconsin Supreme Court · 1900
  5. Scheuer v. CochemWisconsin Supreme Court · 1905

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