McNamee v. Williams
District Court, D. Alaska
This is "an action to recover wages, brought by the plaintiff, for himself and as assignee of many others, against the defendant Williams and three other persons as mining partners. -A jury was waived, and the case submitted to the court. The evidence discloses that Kelley, Blondo, and Broome were mining partners, that the plaintiff and his assignors worked in their mine, and that the partners owed them large sums for 'wages.
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This is "an action to recover wages, brought by the plaintiff, for himself and as assignee of many others, against the defendant Williams and three other persons as mining partners. -A jury was waived, and the case submitted to the court. The evidence discloses that Kelley, Blondo, and Broome were mining partners, that the plaintiff and his assignors worked in their mine, and that the partners owed them large sums for 'wages. Without notice to the laborers, or to his other partners, Kelley sold his partnership interest to Williams, who came into the enterprise, assumed to pay Kelley’s portion…
1Opinion of the Court
WICKERSHAM, District Judge.
There is little dispute over the facts. The sole question at issue is whether, under the facts, the court can give judgment against all the defendants for the whole sum due — part having been earned while Kelley, Blondo, and Broome alone were mining partners, and part after Williams came into the enterprise, assuming and agreeing to pay Kelley’s portion of the prior indebtedness.
Generally, where one partner withdraws, the partnership is dissolved. If the remaining partners take another person into the enterprise, this is not, ordinarily, a continuation of the old…
2Cases cited8 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Kahn v. Smelting Co.Supreme Court of the United States · 1881
- Bissell v. FossSupreme Court of the United States · 1885
- Skillman v. LachmanCalifornia Supreme Court · 1863
- Carmichael v. Greer, Lake & Co.Supreme Court of Georgia · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sturm v. UlrichCourt of Appeals for the Eighth Circuit · 1925