Lane v. Tyler
Supreme Judicial Court of Maine
On Exceptions to the ruling of Davis, J. Assumpsit to recover an alleged balance due the plaintiff, by reason of an error in the settlement of an account. The facts are stated in the opinion. After the evidence of the plaintiff was out, the presiding Judge ordered a non-suit, and the plaintiff excepted.
1Opinion of the Court
The opinion of the Court was drawn up by
May, J.
There is but little controversy between the parties as to the law of this case. It is conceded that generally no partner can sue a co-partner at law for any claim growing out of partnership transactions, and involving partnership interests. It is equally clear that one may sue his co-partner upon any agreement which is not so far a partnership matter as to involve the partnership accounts. So, too, one may sue his co-partner for any balance found due to him after a final adjustment of the partnership accounts, and in all other cases where it…
2Cases cited3 opinions
- Averill v. LoucksNew York Supreme Court · 1849
- King v. WilcombNew York Supreme Court · 1849
- Deming v. ColtThe Superior Court of New York City · 1850
3Cited by7 opinions
- Ewing v. SchultzCourt of Appeals of Texas · 1920
- Conrad v. BuckWest Virginia Supreme Court · 1883
- Staats v. StaatsUtah Supreme Court · 1924
- Schwarz v. LeeCourt of Appeals of Texas · 1926
- White v. ScottSupreme Court of Kansas · 1881
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