Smith v. Barringer
Supreme Court of North Carolina
Civil ActioN for an account, heard before Schench, J., at Fall Term, 1875, of the Superior Court of Cabaeeus county. The complaint alleges: That the plaintiff and the defendant entered into a copart-nership for the practice of the law in the county of Cabarrus, and by the terms thereof, the fees arising therefrom were to be equally divided between the plaintiff and the defendant.
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Civil ActioN for an account, heard before Schench, J., at Fall Term, 1875, of the Superior Court of Cabaeeus county. The complaint alleges: That the plaintiff and the defendant entered into a copart-nership for the practice of the law in the county of Cabarrus, and by the terms thereof, the fees arising therefrom were to be equally divided between the plaintiff and the defendant. The partnership commenced on the 4th day of August, 1870, and was dissolved on or about the 12th day of March, 1872. The defendant has received a considerable sum of money belonging to said partnership, amounting to…
1Opinion of the CourtKodMAN, J.
The defendant admits that there was a partnership, which has been dissolved, and that there has been no full release or settlement of the partnership dealings. The : plaintiff is, therefore, entitled to an account,. The defendant contends, however, that the account should be limited to such *671partnership funds as he has received since 8tli March, 1872. The practice is clear, that if a defendant, who is called for an account, pleads a release, either in full or partial, or matter which in law amounts to a release, or pleads an account stated between the parties, either of all the partnership…
2Cases cited3 opinions
- Douglas v. . CaldwellSupreme Court of North Carolina · 1870
- Price v. . EcclesSupreme Court of North Carolina · 1875
- Morton and Wife v. . Lea, Adm'r.Supreme Court of North Carolina · 1875
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- Clements v. . RogersSupreme Court of North Carolina · 1886
- Solon Lodge No. 9 Knights of Pythias Co. v. Ionic Lodge Free Ancient & Accepted Masons No. 72 Co.Supreme Court of North Carolina · 1957
- Dean v. . RagsdaleSupreme Court of North Carolina · 1879
- State ex rel. Dean v. RagsdaleSupreme Court of North Carolina · 1879