Legal Opinion

Whalen v. Brennan

Nebraska Supreme Court

Decided March 9, 1892PublishedCited by 3 opinions

Appeal from the district court for Douglas county. Heard below before Wakeley, J. The purpose of the contract was to defeat competition, and whether such purpose was accomplished or not is immaterial.

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Appeal from the district court for Douglas county. Heard below before Wakeley, J. The purpose of the contract was to defeat competition, and whether such purpose was accomplished or not is immaterial. (King v. Winants, 71 N. Car., 469, also 73 Id., 563; Gibbs v. Smith, 115 Mass., 592 ; Goldman v. Openheim, 118 Ind., 95; Guliok v. Bailey, 10 N. J. L., 87; Bradler v. Kingsley, 43 N. Y., 537; Bidiardson v. Crandall, 48 Id., 362; Planter v. Pfeiffer, 108 Ind., 200; Capital Bank v. Huntoon, 35 Kan., 590; Gaston v. Drake, 14 Nev., 181.) The direct consideration for the withdrawal of the Brennans’…

1Opinion of the Court

Maxwell, Ch. J.

This is an action for a dissolution of a partnership and for an accounting. The case was referred by consent to a referee, who heard the testimony and made a report as follows:

“ In pursuance of an order of this court, made at the February term thereof, 1889, whereby it was referred to me, the undersigned, as referee, to make findings of facts in this cause in pursuance to said order hereto attached as a part hereof, I, the subscriber, referee, as aforesaid, report that upon the 10th day of May I duly qualified and proceeded to the hearing .of said cause. The plaintiff appearing…

2Cases cited1 opinion

  1. Light v. KennardNebraska Supreme Court · 1881

3Cited by3 opinions

  1. Iralson v. StangSupreme Court of Oklahoma · 1907
  2. Whalen v. HarrisonMontana Supreme Court · 1902
  3. Bennett v. BaumNebraska Supreme Court · 1911

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