Legal Opinion

Freeman v. Freeman

Massachusetts Supreme Judicial Court

Decided June 29, 1886PublishedCited by 13 opinions

Bill in equity to settle the affairs of a partnership, not already adjusted between the parties, including letters patent and other personal property, and for an account. After the former decision, reported 136 Mass. 260, the case was recommitted to the master, the material parts of whose report, together with the facts, appear in the opinion.

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Bill in equity to settle the affairs of a partnership, not already adjusted between the parties, including letters patent and other personal property, and for an account. After the former decision, reported 136 Mass. 260, the case was recommitted to the master, the material parts of whose report, together with the facts, appear in the opinion. The case was heard by 0. Allen, J., and reserved for the consideration of the full court; such decree to be entered as justice and equity might require.

1Opinion of the CourtDevens, J.

When this case was last before the court, it was held that a bill in equity might be maintained by the administrator of a deceased partner against the surviving partner, to obtain a sale of the letters patent belonging to the partnership, and for an account of the profits received by the surviving partner from the use thereof since the dissolution of the partnership. Freeman v. Freeman, 136 Mass. 260. The contract of partnership implies an agreement that all the assets of the firm, including letters patent as well as other kinds of property, shall be used for the common benefit of all the…

2Cases cited3 opinions

  1. Elizabeth v. Pavement Co.Supreme Court of the United States · 1878
  2. Mowry v. WhitneySupreme Court of the United States · 1871
  3. Freeman v. FreemanMassachusetts Supreme Judicial Court · 1884

3Cited by13 opinions

  1. Ball v. HopkinsMassachusetts Supreme Judicial Court · 1929
  2. Moore v. RawsonMassachusetts Supreme Judicial Court · 1904
  3. Murray v. BatemanMassachusetts Supreme Judicial Court · 1943
  4. Childs v. KreyMassachusetts Supreme Judicial Court · 1908
  5. Davis v. Continental Realty Co.Massachusetts Supreme Judicial Court · 1946

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