Emerson v. Atkinson
Massachusetts Supreme Judicial Court
Bill in equity, filed on April 19, 1892, against Charles F. Atkinson, Isaac F. Woodbury, and George E. Leighton, co-partners under the firm name of Woodbury and Leighton, and certain other persons, as to whom the bill was taken for confessed, relating to the property known as the Bowdoin Square Theatre in Boston. A supplemental bill was filed September 24, 1892. Hearing before Lathrop, J., who reported the case for the consideration of the full court.
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Bill in equity, filed on April 19, 1892, against Charles F. Atkinson, Isaac F. Woodbury, and George E. Leighton, co-partners under the firm name of Woodbury and Leighton, and certain other persons, as to whom the bill was taken for confessed, relating to the property known as the Bowdoin Square Theatre in Boston. A supplemental bill was filed September 24, 1892. Hearing before Lathrop, J., who reported the case for the consideration of the full court. The facts, so far as materia] to the points decided, appear in the opinion.
1Opinion of the CourtAllen, J.
1. As against the defendant Atkinson, the bill seeks to establish a partnership with the plaintiff, and to obtain a settlement of the same by a disposition of the partnership assets and payment of the debts. Before an answer was filed, the parties entered into the agreement of June 3, 1892, whereupon the plaintiff filed in the case a statement that he and the defendant Atkinson had entered into an agreement of compromise of their respective interests, a copy whereof was annexed. This was apparently done for the information of the court, or of the other defendants; it was merely a statement,…
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