Legal Opinion

Nelson v. Matsch

Utah Supreme Court

Decided August 31, 1910No. 2129PublishedCited by 9 opinions

Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge. Action by Rasmus Nelson against Henry Matsch. Judgment dismissing the action. Plaintiff appeals. STATEMENT OF FACTS. This is an action for an accounting of partnership funds.

Read the full summary

Appeal from District Court, Fifth District; Hon. Joshua Greenwood, Judge. Action by Rasmus Nelson against Henry Matsch. Judgment dismissing the action. Plaintiff appeals. STATEMENT OF FACTS. This is an action for an accounting of partnership funds. The facts and circumstances leading up to and out of which this controversy arose are as follows: Rasmus Nelson, plaintiff, and Henry Matsch, defendant, in July, 1905, at Eureka, Utah, “entered into and formed a copartnership for the purpose of taking and working and operating leases on divers and various blocks of ground on the various levels in…

1Opinion of the Court

Mo CANTY, T.

(after stating the facts as above).

Counsel both for Nelson and Matsch have devoted much space in their briefs to the discussion of the question as to whether or not the transaction of October 5, 1907, in which Nelson signed the release and received five hundred dollars for his interest in the ores mentioned, terminated the partnership. This question, as we view the case, is unimportant. While Nelson, in the prayer of his complaint, asks “that an accounting be taken and made of all the dealings and transactions of said partnership from the beginning hereof” to the date of the…

2Cases cited4 opinions

  1. Brooks v. MartinSupreme Court of the United States · 1864
  2. Holmes v. . GilmanNew York Court of Appeals · 1893
  3. Pomeroy v. BentonSupreme Court of Missouri · 1874
  4. Goldsmith v. KoopmanCourt of Appeals for the Second Circuit · 1907

3Cited by9 opinions

  1. McLaughlin v. SchenckUtah Supreme Court · 2009
  2. State v. StewartNew Mexico Supreme Court · 1924
  3. Joseph v. MangosSupreme Court of Iowa · 1921
  4. Burke v. FarrellUtah Supreme Court · 1982
  5. Lyon v. PrescottSupreme Court of Vermont · 1931

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API