Ehrmann v. Stitzel
Court of Appeals of Kentucky
Case 94. — ACTION BY 'HILMAR EHRMANN AGAINST A. P. STITZEL TO SURCHARGE A SETTLEENT MADE BETWEEN THEM AS LATE PARTNERS. Appeal from Jefferson Circuit Court, Chancery Branch, Second Division. Sam’l B. Kirby, Judge. From a judgment sustaining a demurrer to plaintiff’s petition,' he appeals.
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Case 94. — ACTION BY 'HILMAR EHRMANN AGAINST A. P. STITZEL TO SURCHARGE A SETTLEENT MADE BETWEEN THEM AS LATE PARTNERS. Appeal from Jefferson Circuit Court, Chancery Branch, Second Division. Sam’l B. Kirby, Judge. From a judgment sustaining a demurrer to plaintiff’s petition,' he appeals. CLASSIFICATION OF POINTS AND AUTHORITIES. 1. The plaintiff may allege and prove that the partnership settlement was made on July 31, 1902, although the writing which contains the terms of the agreement bears date of July 1st. (Taylor on Evidence, par. 1150; Greenleaf on Evidence, 16 Ed., sec. 285; Miller v.…
1Opinion of the Court
Opinion by
Judge Settle
Reversing.
This is an appeal from a judgment of the lower court sustaining a general demurrer to appellant’s, petition and dismissing the action, which was one in equity to surcharge a partnership accounting made six months and fifteen days before the filing of the petition. It appears from the averments of the petition : That appellant, Hilmar Ehrmann, and appellee,, A. P. Stitzel, had been partners for more than a year in the wholesale and retail liquor business in Louisville, and that the partnership was to continue ten years; that appellant had contributed to the…
2Cases cited11 opinions
- Heath v. WatersMichigan Supreme Court · 1879
- Miller v. HamptonSupreme Court of Alabama · 1861
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
- Shaughnessey v. LewisMassachusetts Supreme Judicial Court · 1881
- Russell v. C. D. Carr & Co.Supreme Court of Georgia · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- O'Brien v. O'BrienCourt of Appeals of Kentucky (pre-1976) · 1942
- Rankin v. KellyCourt of Appeals of Kentucky · 1915
- Breeding v. TandyCourt of Appeals of Kentucky · 1912
- Waller v. HendersonSupreme Court of Oklahoma · 1929
- Badder v. SaleebySupreme Court of South Carolina · 1924
8 more not listed; retrieve them via the Exa API.