Legal Opinion

Singer v. Heller

Wisconsin Supreme Court

Decided August 15, 1876PublishedCited by 11 opinions

APPEAL from tbe County Court of Milwaukee County. The case is thus stated by Mr. Justice Cole, in his opinion herein as originally prepared : “ This is an action brought for the dissolution of a partnership, on the ground that there was such a disagreement between the partners that it was impracticable to carry on the business of the firm.

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APPEAL from tbe County Court of Milwaukee County. The case is thus stated by Mr. Justice Cole, in his opinion herein as originally prepared : “ This is an action brought for the dissolution of a partnership, on the ground that there was such a disagreement between the partners that it was impracticable to carry on the business of the firm. The plaintiff alleges, in the complaint, that the defendant is responsible for this disagreement which necessitates a dissolution of the partnership. On the other hand, the defendant, as a defense and also by way of counterclaim, charges, in his answer,…

1Opinion of the CourtCole, J.

On tbe record in this case, tbe question presents itself, whether tbe final judgment was not defective and erroneous for failing to specifically dissolve tbe partnership. Tbe judgment states, by way of recital, that “judgment dissolving tbe copartnership having been heretofore rendered reserving tbe claim for damages,” etc., it is adjudged that tbe said defendant recover nothing of tbe plaintiff on bis counterclaim. The judgment contains a clause stating that it appeared by tbe stipulation of the parties that tbe assets of tbe copartnership bad been divided between tbe parties, thus fully…

2Cases cited2 opinions

  1. Bagley v. . SmithNew York Court of Appeals · 1853
  2. Sellers v. Union Lumbering Co.Wisconsin Supreme Court · 1874

3Cited by11 opinions

  1. Whalen v. StephensIllinois Supreme Court · 1901
  2. Green v. National Advertising & Amusement Co.Supreme Court of Minnesota · 1917
  3. Ferrick v. BarryMassachusetts Supreme Judicial Court · 1946
  4. Hyde v. German National Bank of OshkoshWisconsin Supreme Court · 1897
  5. Trustees of St. Clara Female Academy v. Delaware InsuranceWisconsin Supreme Court · 1896

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