Hoard v. Clum
Supreme Court of Minnesota
Action for an accounting and the winding-up of the affairs of a, partnership, brought in the district court for Goodhue county. The-plaintiffs in the action are three of the partners and the widow and heirs-at-law of a fourth partner, and the defendant is the only other partner. The complaint sets out the making of the partnership and recites in full the partnership articles.
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Action for an accounting and the winding-up of the affairs of a, partnership, brought in the district court for Goodhue county. The-plaintiffs in the action are three of the partners and the widow and heirs-at-law of a fourth partner, and the defendant is the only other partner. The complaint sets out the making of the partnership and recites in full the partnership articles. From these articles, which are dated March 15, 1880, it appears that the partnership was formed, under the name of the Clum Compounding Company, for the purpose of manufacturing and selling a medicine known as the Clum…
1Opinion of the CourtBerry, J.
1. An excess of parties is not ground of demurrer as “a defect of parties,” in the meaning of Gen. St. 1878, c. 66, § 92, subd. 4; Pomeroy on Remedies, § 206; Richtmyer v. Richtmyer, 50 Barb. 55; Allen v. City of Buffalo, 38 N. Y. 280; Lewis v. Williams, 3 Minn. 95, (151.)
2. Three members of a partnership firm and the heirs of a deceased fourth bring this action against the remaining member, for the purpose (1) of having the partnership adjudged dissolved; (2) of having the partnership wound up, and, to that end, an accounting had, a receiver appointed, its assets converted, its debts paid,…
2Cases cited4 opinions
- Jones v. ClarkCalifornia Supreme Court · 1871
- Richtmyer v. RichtmyerNew York Supreme Court · 1867
- Roberts v. KelseyMichigan Supreme Court · 1878
- Allen v. . City of BuffaloNew York Court of Appeals · 1868
3Cited by4 opinions
- Egner v. States Realty Co.Supreme Court of Minnesota · 1947
- Porter v. LongMichigan Supreme Court · 1900
- Reliable Engine Co. v. Ferch Bros.Supreme Court of Minnesota · 1920
- Hogendobler v. LyonSupreme Court of Kansas · 1873