Kelley v. Greenleaf
U.S. Circuit Court for the District of Massachusetts
Bill in equity. The present bill was filed by Morris Kelley, the surviving partner of Osgood Hoyt, against the administrator, widow and heirs of the said Hoyt, certain persons having an interest in the real estates, which are the subject of the bill, being made parties, and stated in substance: That the said Hoyt and Kelley entered into partnership on the 22d day of January, 1834, as stone-cutters, and continued to carry on their business, as partners, until the partnership…
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Bill in equity. The present bill was filed by Morris Kelley, the surviving partner of Osgood Hoyt, against the administrator, widow and heirs of the said Hoyt, certain persons having an interest in the real estates, which are the subject of the bill, being made parties, and stated in substance: That the said Hoyt and Kelley entered into partnership on the 22d day of January, 1834, as stone-cutters, and continued to carry on their business, as partners, until the partnership was dissolved on December 22d, 1841, by the death of the said Hoyt. That in the course of the said partnership, they…
1Opinion of the Court
STORY, Circuit Justice.
The cause at the argument has been narrowed down to the simple consideration, whether the house near Bow street, called for distinction’s sake the Bow street hous.e, is to be deemed partnership property or not. The principles of law involved in the cause do not, in my judgment, involve any serious doubts. In the first place, it is a general rule in equity, that if a trustee, contrary to his duty, invests the property of his cestui que trust, or beneficiary, in any other property, either real or personal, the beneficiary has a right, if the wrongful conversion shall be…
2Cited by7 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Bingham v. KeylorWashington Supreme Court · 1901
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Bosworth v. HopkinsWisconsin Supreme Court · 1893
- Johnson v. HerseySupreme Judicial Court of Maine · 1879
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