Legal Opinion

Sanborn v. Royce

Massachusetts Supreme Judicial Court

Decided May 5, 1882PublishedCited by 11 opinions

Tort, by Charles H. Sanborn and Charles H. Packard, co-partners doing business under the firm name of Sanborn and Packard, for breaking and entering the plaintiffs’ close in Boston, and taking and carrying away certain articles of personal property belonging to them, with a count in tort for the conversion of the same.

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Tort, by Charles H. Sanborn and Charles H. Packard, co-partners doing business under the firm name of Sanborn and Packard, for breaking and entering the plaintiffs’ close in Boston, and taking and carrying away certain articles of personal property belonging to them, with a count in tort for the conversion of the same. The defendant, a constable of the city of Boston, justified under a writ against Packard, by virtue of which he attached the property in question. . At the trial in the Superior Court, before Putnam, J., it appeared that the plaintiffs were copartners in the grocery and…

1Opinion of the CourtC. Allen, J.

The question presented in this case has been several times alluded to, but has never been decided in Massachusetts, though it has been the subject of much discussion and conflicting opinion elsewhere. It has been declared, that the real and actual interest of each partner in the partnership stock is the net balance which will be coming to him after payment of all the partnership debts, and a just settlement of the account between himself and his partner. Peck v. Fisher, 7 Cush. 386. This doctrine is in accordance with the great body of modern decisions. It is also declared in Allen v. Wells,…

2Cases cited2 opinions

  1. Bank v. Carrollton RailroadSupreme Court of the United States · 1871
  2. Haynes v. KnowlesMichigan Supreme Court · 1877

3Cited by11 opinions

  1. Moore v. RawsonMassachusetts Supreme Judicial Court · 1904
  2. Fay v. DugganMassachusetts Supreme Judicial Court · 1883
  3. Gay v. RayMassachusetts Supreme Judicial Court · 1907
  4. Fried v. GuibersonWyoming Supreme Court · 1923
  5. Jones v. WaySupreme Court of Kansas · 1908

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