Central Trust & Safe Deposit Co. v. Respass
Court of Appeals of Kentucky
Case 69 — Action for a Settlement of Partnership Accounts.— APPEAL FROM KENTON CIRCUIT COURT. Judgment Granting Relief Sought and Defendant’s Appeal.
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Case 69 — Action for a Settlement of Partnership Accounts.— APPEAL FROM KENTON CIRCUIT COURT. Judgment Granting Relief Sought and Defendant’s Appeal. POINTS AND AUTHORITIES. 1. Death of a partner terminates the partnership, and the survivor can not create new liabilities against the firm: Cook v. Carson, 45 Tex., 429, 430; Remick v. Ewing, 42 111., 342; Forrester v. Oliver, 1 111. App., 259; Story on Partnership, section 343. 2. A set-off or counter-claim must contain all the elements of a valid cause of action: Carroll’s Kentucky Code, pp. 81-83; Williams v. Gilchrist, 3 Bibb., 49, 50; Same…
1Opinion of the Court
Opinion op the court by
JUDGE DURELLE —
Reversing.
'Jerome B. Respass and Solomon L. Sharp appear1 to hare formed a copartnership, extending over several years, in the business of managing a racing stable, and, in connection with that business, were engaged in “bookmaking,” or making wagers upon race horses. They seem, also, to have had an interest in a pool room at Newport. For the book business 'a separate account was kept by a cashier employed for the purpose. They had no regular time for making settlements with each other, but at various times, when requested, the cashier made out…
2Cases cited20 opinions
- McMullen v. HoffmanSupreme Court of the United States · 1899
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- Wiggins v. BissoTexas Supreme Court · 1898
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