Bosworth v. Hopkins
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. This action was brought to obtain a judgment establishing that the legal title to a certain eighty, acre tract of land in the town of Greenfield, Milwaukee county, held by' the defendants Bedford B. and Edward O. Hopkins, is held by them in trust for the firm of H. Bosworth & Sons, of which they are members (the plaintiffs being the successors and representatives in interest of Pitch J. Bosworth, the other member of said…
Read the full summary
APPEAL from the Superior Court of Milwaukee County. This action was brought to obtain a judgment establishing that the legal title to a certain eighty, acre tract of land in the town of Greenfield, Milwaukee county, held by' the defendants Bedford B. and Edward O. Hopkins, is held by them in trust for the firm of H. Bosworth & Sons, of which they are members (the plaintiffs being the successors and representatives in interest of Pitch J. Bosworth, the other member of said firm), and for a partition thereof and a sale if necessary, etc., on. the ground stated in the complaint, that November…
1Opinion of the CourtPiNNEY, J.
It is not claimed that the land in question, purchased, as it is charged, with partnership funds, was purchased for partnership uses or purposes, nor that dealing in real estate was in any sense within the scope of the partnership business. The theory of the case on both sides seems to be that Mr. Bosworth was never consulted and did not concur in or authorize the purchase, or have any" knowledge that it had been made, and that the Hopkins brothers intended the purchase’ for their own personal use and benefit, and not for the use and benefit of the partnership. The testimony shows very…
2Cases cited14 opinions
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Collumb v. . ReadNew York Court of Appeals · 1862
- Reitz v. . ReitzNew York Court of Appeals · 1880
- Forsyth v. ClarkCourt for the Trial of Impeachments and Correction of Errors · 1829
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Truelsch v. MillerWisconsin Supreme Court · 1925
- Warlick v. H. P. Reynolds & Co.Supreme Court of North Carolina · 1910
- Wisdom v. WisdomWisconsin Supreme Court · 1914
- Thum v. WolstenholmeUtah Supreme Court · 1900
- Richtman v. WatsonWisconsin Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.