Richards v. Todd
Massachusetts Supreme Judicial Court
The EIKST case was a bill in equity, filed November 9,1879, alleging that a partnership existed between the plaintiff and the defendant -; that the defendant failed to comply with the articles of copartnership; that differences as to the adjustment of the partnership affairs arose, and were referred to an arbitrator, who had made an award which was beyond the scope of the submission to him, and was fraudulent.
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The EIKST case was a bill in equity, filed November 9,1879, alleging that a partnership existed between the plaintiff and the defendant -; that the defendant failed to comply with the articles of copartnership; that differences as to the adjustment of the partnership affairs arose, and were referred to an arbitrator, who had made an award which was beyond the scope of the submission to him, and was fraudulent. The prayer of the bill was, that the award might be set aside; that the partnership might be dissolved, and a receiver appointed to wind up its affairs. Annexed to the bill were copies…
1Opinion of the CourtMorton, J.
1. The demurrer to the cross bill was properly overruled. It is a well-settled principle, that a court of equityt *170after it has acquired jurisdiction of a subject-matter in contra* versy between parties, will, as far as possible, settle all questions in litigation touching it, and do complete justice to all parties, so that there may be an end of controversy. A cross bill for relief is proper in cases where, in the original suit, all things in litigation touching the subject-matter cannot be brought before the court, but the defendant, in order to obtain a complete settlement of the…
2Cases cited1 opinion
- Trow v. BerryMassachusetts Supreme Judicial Court · 1873
3Cited by34 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Thomas v. BealsMassachusetts Supreme Judicial Court · 1891
- Queenan v. MaysCourt of Appeals for the Tenth Circuit · 1937
- Lovell v. Commonwealth Thread Co.Massachusetts Supreme Judicial Court · 1932
- Shelburne Shirt Co. v. SingerMassachusetts Supreme Judicial Court · 1948
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