Coalter v. Coalter
Supreme Court of Virginia
William B. Coalter filed a bill in the circuit court of Atigusta against John Coalter, setting forth a partnership between them in the business of farming, distilling, and purchasing and selling cattle &c. and praying for a settlement of the partnership accounts.
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William B. Coalter filed a bill in the circuit court of Atigusta against John Coalter, setting forth a partnership between them in the business of farming, distilling, and purchasing and selling cattle &c. and praying for a settlement of the partnership accounts. It appeared by the bill, that the partnership was entered into in December 1828, to continue for four years, so that the partnership was ended in December 1832. Yet the bill was not filed until December 1838. It stated, that in the summer of 1833, the parties referred the settlement of the accounts to two friends, who found a balance…
1Opinion of the CourtAllen, J.
Supposing the complainant to be entitled to his proportion of the grain crop growing at the *84time of the reference, that must have been gathered in the summer of 1833. There is nothing to shew that any debts have been collected or paid by the firm since that period. The partnership had terminated, and all its transactions with others would seem to have been closed, more than five years before the institution of this-suit. As early at least as the summer of 1833, there might have been a full settlement of the accounts, so as to ascertain the rights and liabilities of the different partners.…
2Cases cited3 opinions
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
- Fairfax's v. FairfaxSupreme Court of the United States · 1809
- Coster v. MurrayNew York Court of Chancery · 1821
3Cited by1 opinion
- Boggs v. JohnsonWest Virginia Supreme Court · 1885