Dye v. Bowling
Missouri Court of Appeals
Appeal from the Barton Circuit court. — Hon. D. P. Stratton, Judge. (1) There are no allegations in the petition proven that entitle plaintiff to equitable relief. All the testimony conceded the partnership was dissolved more than ten years before the filing of the petition. On plaintiff’s own testimony a settlement and accounting was had about the time of the dissolution of the partnership. There being but one item, suit at law was proper remedy. Equity will not lie.
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Appeal from the Barton Circuit court. — Hon. D. P. Stratton, Judge. (1) There are no allegations in the petition proven that entitle plaintiff to equitable relief. All the testimony conceded the partnership was dissolved more than ten years before the filing of the petition. On plaintiff’s own testimony a settlement and accounting was had about the time of the dissolution of the partnership. There being but one item, suit at law was proper remedy. Equity will not lie. Barn-brick v. Simms, 132 Mo. 48; Whetstone v. Shaw, 70 Mo. 577; Buckner v. Ries, 34 Mo. 357;'Eeurt v. Brown, 23 Mo. App. 332;…
1Opinion of the CourtSmith, P. J.
This is a suit in equity. The petition prayed for a dissolution of a partnership and for an accounting, etc. There was a trial by the court resulting in a decree for plaintiff, and the defendants appealed.
It is disclosed by the testimony that in November, 1886, the plaintiff and defendants, who were lawyers, entered into an unlimited partnership for the practice of their profession. The net income of the partnership business was to be equally divided between the three partners. In July, 1881, by mutual consent the partnership was dissolved.
It was a part of the dissolution agreement that each…
2Cases cited11 opinions
- Butler v. LawsonSupreme Court of Missouri · 1880
- Denver v. RoaneSupreme Court of the United States · 1879
- Leeper v. TaylorSupreme Court of Missouri · 1892
- Bender v. MarkleMissouri Court of Appeals · 1889
- Coudrey v. GilliamSupreme Court of Missouri · 1875
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3Cited by4 opinions
- Baylies v. Vanden BoomWyoming Supreme Court · 1929
- Rich v. ClassMissouri Court of Appeals · 1982
- Finley v. GilmoreSupreme Court of Kansas · 1920
- Morley v. City of St. JosephMissouri Court of Appeals · 1905