Gardiner v. Fargo
Michigan Supreme Court
Error to Allegan. (Arnold, J.) Assumpsit. Defendants bring error. A partner who has gone out of the firm and sold his interest to the new firm, must turn over the entire assets, including all money which he has previously chequed out in the firm name to pay personal debts : Trump v. Baltzell 3 Md. 295; Chandler v. Dorsett Finch 431; Spittal v. Smith Taml. 45 ; there is no occasion for an accounting in equity : Wheeler cited upon the settlement of a partner’s accounts witli…
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Error to Allegan. (Arnold, J.) Assumpsit. Defendants bring error. A partner who has gone out of the firm and sold his interest to the new firm, must turn over the entire assets, including all money which he has previously chequed out in the firm name to pay personal debts : Trump v. Baltzell 3 Md. 295; Chandler v. Dorsett Finch 431; Spittal v. Smith Taml. 45 ; there is no occasion for an accounting in equity : Wheeler cited upon the settlement of a partner’s accounts witli the firm, Oven v. Hetherington 66 Ind. 365 ; 2 Lindley on Partnership 698; Coffing v. Taylor 16 111. 457; Hasselman v.…
1Opinion of the CourtChamplin, J.
This action is assumpsit to recover the amount due upon a joint and several promissory note made by the defendants and payable to the plaintiff. The defendants pleaded the general issue, with notice of set-off, and filed a bill of particulars containing their matters of set-off.
The plaintiff and defendant Fargo, on the 19th day of March, 1884, were copartners in business in Muskegon, Michigan, and had been for about one year prior thereto, prior to which time Gardiner had been conducting the business alone. On the 19th day of March, 1884, the defendants purchased of the plaintiff all the…
2Cases cited1 opinion
- Learned v. AyresMichigan Supreme Court · 1879
3Cited by2 opinions
- Roemelmeyer v. Roemelmeyer's EstateMichigan Supreme Court · 1922
- Campbell v. BaneMichigan Supreme Court · 1898