Legal Opinion

Central Trust & Safe Deposit Co. v. Respass

Court of Appeals of Kentucky

Decided February 4, 1902PublishedCited by 15 opinions

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

  1. McMullen v. HoffmanSupreme Court of the United States · 1899
  2. Irwin v. WilliarSupreme Court of the United States · 1884
  3. Brooks v. MartinSupreme Court of the United States · 1864
  4. Craft v. McConoughyIllinois Supreme Court · 1875
  5. Wiggins v. BissoTexas Supreme Court · 1898

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3Cited by15 opinions

  1. Wise v. RadisCalifornia Court of Appeal · 1925
  2. McManus v. FultonMontana Supreme Court · 1929
  3. Vaszauskas v. VaszauskasSupreme Court of Connecticut · 1932
  4. Kennedy v. LonabaughWyoming Supreme Court · 1911
  5. Big Four Implement Co. v. KeyserSupreme Court of Kansas · 1916

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