Little v. Little
North Dakota Supreme Court
PPEAL from district court, Traill county; Hon. Charles F. Templeton, Judge. Actions by Samuel Little against Helen M. Little .for the recovery of money dne on dissolution of a partnership. Judgment for plaintiff. Defendant appeals. Plaintiff could not sue for a money judgment, as there had been no settlement of the firm accounts.
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PPEAL from district court, Traill county; Hon. Charles F. Templeton, Judge. Actions by Samuel Little against Helen M. Little .for the recovery of money dne on dissolution of a partnership. Judgment for plaintiff. Defendant appeals. Plaintiff could not sue for a money judgment, as there had been no settlement of the firm accounts. Bates on Partnership, Yol. 2, § 849 and cases cited; Harkell v. Adams, 7 Pick. 59; Williams v. Henshaw, 12 Pick. 378; Carey v. Bruth, 2 Caines 293; Murry v. Bogart, 14 Johns. 318; Paine v. Thatcher, 25 Wend. 450; McGilvray v. More, 23 Pac. Rep. 96. The wrongful acts…
1Opinion of the Court
The opinion of the court was delivered by
W A.LLIN, J.
After the two actions entitled as above were at issue- they were consolidated by an order of the district court,, and,, without objection, were tried as a single action in equity for an accounting between partners. In the action first begun the complaint states in effect that plaintiff and defendant entered into a co-partnership and instituted a business as retail merchants and saloon-keepers, at Caledonia, on February 15, 1886, and that said firm continued in business until September 10, 1886, at which time it is alleged that the firm…
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