Foster's curator v. Rison
Supreme Court of Virginia
In March, 1837, a verbal agreement was entered into between John W. Foster, Marsten Foster and their nephew William Rison, by which they entered into a partnership for conducting a mercantile business at Pittsylvania courthouse. The Fosters were to furnish the capital in equal shares, and Rison ivas to conduct the business ; and they were to share profits and losses equally.
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In March, 1837, a verbal agreement was entered into between John W. Foster, Marsten Foster and their nephew William Rison, by which they entered into a partnership for conducting a mercantile business at Pittsylvania courthouse. The Fosters were to furnish the capital in equal shares, and Rison ivas to conduct the business ; and they were to share profits and losses equally. This business was continued from that time until March, 1839, when it ivas stopped, and Rison formed a partnership with James L. Poindexter, to carry on a mercantile concern at the same place. Both the Fosters lived in…
1Opinion of the Court
Moncure, P.
delivered the opinion of the court:
Two cases have been decided by this court, which. have a material bearing on the one now under consideration, viewing it as a suit in equity for the settlement of a partnership account, and without reference to the effect of the settlement, which will be presently mentioned. Those cases are Coalter v. Coalter, 1 Rob. R. 79, decided in 1842, and Marsteller v. Weaver’s adm’x, 1 Grratt. 391, decided in 1845. In the former it was held, first, that an action of account by one partner against his co-partners for a settlement of the partnership accounts,…
2Cited by18 opinions
- Coles' Adm'r v. BallardSupreme Court of Virginia · 1883
- Bickle v. Chrisman's Adm'xSupreme Court of Virginia · 1882
- Roots v. Mason City S. & M. Co.West Virginia Supreme Court · 1886
- Persinger's Adm'r v. ChapmanSupreme Court of Virginia · 1896
- Teter v. MooreWest Virginia Supreme Court · 1917
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