King v. Wilcomb
New York Supreme Court
In Eq.uity. The plaintiff and the defendant Wilcomb, having been engaged in the business of nursery-men with other persons, at Flushing, Long Island, in March, 1838, purchased the interest of their copartners, and commenced the business on their own account, under the firm of Wilcomb & King. They were to be in all respects equal partners. For a time, the business was carried on upon land owned by the partners, as tenants in common.
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In Eq.uity. The plaintiff and the defendant Wilcomb, having been engaged in the business of nursery-men with other persons, at Flushing, Long Island, in March, 1838, purchased the interest of their copartners, and commenced the business on their own account, under the firm of Wilcomb & King. They were to be in all respects equal partners. For a time, the business was carried on upon land owned by the partners, as tenants in common. Subsequently, the business requiring more land, a portion of their trees and shrubs were removed to land owned by Wilcomb individually. Some three or four acres of…
1Opinion of the CourtHarris, J.
That the plaintiff is entitled to a decree declaring the partnership dissolved, and directing an account to be taken in respect to the affairs of the partnership, is not denied. But as the particular directions to be inserted in the decree may to some extent depend upon the determination of the claim made by the plaintiff to the nursery which the partnership had planted upon the land purchased by the defendant Howland, that branch of the case should first be considered
There can be no doubt, I think, that as between the partnership and Wilcomb, the trees and shrubs, composing the nursery, are…
2Cases cited6 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- In re HoweNew York Court of Chancery · 1828
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Varick v. BriggsNew York Court of Chancery · 1837
- Holmes v. TremperNew York Supreme Court · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ombony v. . JonesNew York Court of Appeals · 1859
- State v. . WhitenerSupreme Court of North Carolina · 1885
- Bircher v. ParkerSupreme Court of Missouri · 1867
- Cromie v. HooverIndiana Supreme Court · 1872
- Lane v. TylerSupreme Judicial Court of Maine · 1861
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