Legal Opinion

Douglas v. Alder

Utah Supreme Court

Decided April 7, 1896No. 632Published

Appeal from the diistrict court oí the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by William L. Douglas et al. against George A. Alder et al. Hunt & Holbrook and others intervened. There was a judgment of nonsuit, and from an order overruling a motion for a new trial, plaintiff and interveners appeal.

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Appeal from the diistrict court oí the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by William L. Douglas et al. against George A. Alder et al. Hunt & Holbrook and others intervened. There was a judgment of nonsuit, and from an order overruling a motion for a new trial, plaintiff and interveners appeal. One partner cannot make an assignment for the benefit of creditors, before the dissolution of the partnership, without tihe consent of all the partners, and when made without the knowledge or consent of all partners it is absolutely void: IAéb v. Bierpont et…

1Opinion of the Court

Miner, J.:

The testimony, as sliown by the record, substantially establishes the following facts: In the month of April, 1890, George A. Alder entered into a verbal partnership agreement with his son, George D. Alder, under the name and style of George A. Alder & Son, and the partnership continued until October 1, 1892. The agreement was that George A. Alder was to put into the business $1,500 or $1,600. George D. Alder was not to put in any capital, but should contribute his time and abilities to the business. The profits, if any, were to be divided, two-thirds to George A. Alder, and…

2Cases cited7 opinions

  1. United States v. HarrisSupreme Court of the United States · 1883
  2. Case v. BeauregardSupreme Court of the United States · 1879
  3. Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
  4. Emerson v. SenterSupreme Court of the United States · 1886
  5. Huiskamp v. Moline Wagon Co.Supreme Court of the United States · 1887

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