Rose v. Bradley
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: JohN K. Paeish, Circuit Judge. In 1893 plaintiff and defendant and one P. M. Shaw were partners in business.
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Appeal from a judgment of tbe circuit court for Ashland county: JohN K. Paeish, Circuit Judge. In 1893 plaintiff and defendant and one P. M. Shaw were partners in business. The copartnership was dissolved January 1, 1891. In December, 1893, and after the firm had suspended doing business, plaintiff, who had possession of the books, took account of all the assets of the firm, consisting of accounts receivable, all of which were collectible and Avere afterwards actually collected, credited up to each partner his share, then drew off a balance sheet showing the condition of each partner’s…
1Opinion of the CourtMaRshall, J.
The question presented by the pleadings and tried in the court below is whether there had been a settlement between the appellant and his copartners, so as to entitle respondent to maintain an action at law for the amount claimed to be due him; it being well settled that one partner has no right of action against his copartners on account of partnership transactions, although a final settlement show a balance in his favor, till a balance has at least been ascertained and agreed upon. Tolford v. Tolford, 44 Wis. 547.
The record presents for consideration several exceptions to the instructions…
2Cases cited13 opinions
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