Lovejoy v. Bailey
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on February 24, 1903, which, as afterwards amended, was by Elwyn W. Love-joy against William C. Bailey, W. Frank Fowle, Fred L. Blendinger, the Orange County Trust Company, executor of the will of Francis W. Clems on,* the Bailey-Blendinger Manufacturing Company, and the Clemson-Bailey Company; also a Bill in equity, filed in the same court on March 19,1904, which, as afterwards amended, was by W. Frank Fowle, alleged to be…
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Bill in equity, filed in the Supreme Judicial Court on February 24, 1903, which, as afterwards amended, was by Elwyn W. Love-joy against William C. Bailey, W. Frank Fowle, Fred L. Blendinger, the Orange County Trust Company, executor of the will of Francis W. Clems on,* the Bailey-Blendinger Manufacturing Company, and the Clemson-Bailey Company; also a Bill in equity, filed in the same court on March 19,1904, which, as afterwards amended, was by W. Frank Fowle, alleged to be an insane person, who brought the suit by John L. Fowle, his guardian,- against Bailey, Lovejoy, the Bailey-Blendinger…
1Opinion of the CourtSheldon, J.
These two suits in equity, although they have not been formally consolidated, arise out of the same transaction, have been heard together, and come before us upon a single reservation. And when we speak generally of the defendants in the first suit, we refer to the defendants other than Fowle.
1. The demurrer to Lovejoy’s amended bill should be first considered.
The bill properly can be maintained for an accounting. By separate instruments, made by each partner with the knowledge and consent of the other, the plaintiff became entitled to receive *150one half part of the profits of each partner and,…
2Cases cited40 opinions
- Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Gillespie v. MoonNew York Court of Chancery · 1817
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- von Arnim v. American Tube WorksMassachusetts Supreme Judicial Court · 1905
35 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Commonwealth v. Beneficial Finance CompanyMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. BealMassachusetts Supreme Judicial Court · 1943
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Lydia E. Pinkham Medicine Co. v. GoveMassachusetts Supreme Judicial Court · 1939
- Spear v. H. V. Greene Co.Massachusetts Supreme Judicial Court · 1923
30 more not listed; retrieve them via the Exa API.