Robinson v. Simmons
Massachusetts Supreme Judicial Court
Bill in equity, filed on March 25, 1884, by two of the administrators of the estate of George W. Simmons, against the surviving partners of the firm of George W. Simmons and Son, one of whom was the remaining administrator, for an account, and for the recovery of a:i amount due the estate. The case was reported 146 Mass. 167, and now comes up on questions of law arising upon the master’s report upon recommittal.
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Bill in equity, filed on March 25, 1884, by two of the administrators of the estate of George W. Simmons, against the surviving partners of the firm of George W. Simmons and Son, one of whom was the remaining administrator, for an account, and for the recovery of a:i amount due the estate. The case was reported 146 Mass. 167, and now comes up on questions of law arising upon the master’s report upon recommittal. By this report it appeared that the three partners, George W. Simmons, Sr., George W. Simmons, Jr., and Philip A. Spofford, in making up their accounts, figured interest upon the…
1Opinion of the CourtHolmes, J.
This case was recommitted to the master after the decision in 146 Mass. 167, to ascertain the balance due to the three dissenting heirs of George W. Simmons on August 27,1833, from the surviving members of the firm of George W. Simmons and Son. It now comes before us upon the master’s supplemental report, which raises two questions. The first is whether, in ascertaining the balance, before computing profits, interest on George W. Simmons’s capital is to be paid or credited as part of the expenses of the business.
In our opinion, interest should not. be paid. It was not contemplated by the…
2Cases cited4 opinions
- Robinson v. SimmonsMassachusetts Supreme Judicial Court · 1888
- Staigg v. AtkinsonMassachusetts Supreme Judicial Court · 1887
- Miller's River National Bank v. JeffersonMassachusetts Supreme Judicial Court · 1884
- King v. KingMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Bullard v. MoorMassachusetts Supreme Judicial Court · 1893
- Harris v. KlureCalifornia Court of Appeal · 1962
- Doane v. BigelowMassachusetts Supreme Judicial Court · 1936
- Goodfellow v. NewtonMassachusetts Supreme Judicial Court · 1946