Caldwell v. Leiber
New York Court of Chancery
This case came before the chancellor upon the separate appeals of the complainant, and of the defendant, from different parts of the final decree of the vice chancellor of the fourth circuit. The object of the suit was to settle the accounts of a copartnership which had existed between the parties ; and a reference was made to a master to take the account between them.
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This case came before the chancellor upon the separate appeals of the complainant, and of the defendant, from different parts of the final decree of the vice chancellor of the fourth circuit. The object of the suit was to settle the accounts of a copartnership which had existed between the parties ; and a reference was made to a master to take the account between them. Upon the coming in of the master’s report the defendant interposed fourteen exceptions to-the same; some of which exceptions were allowed and others disallowed by the vice chancellor. And a final decree was made for the payment…
1Opinion of the Court
The Chancellor.
The claim of the complainant which is embraced in the third exception, although in form a claim for damages sustained by the firm by the neglect of the defendant to attend to the partnership business, was in substance a claim for the extra services which the complainant had bestowed upon the business of the copartnership, beyond his rateable proportion of duty. Partners are not entitled to charge each other, or the firm of which they are members, for their services in the copartnership business, unless there is a special agreement to that effect; or where such an agreement can…
2Cited by25 opinions
- In re the Estate of WitkindNew York Surrogate's Court · 1938
- Levi v. KarrickSupreme Court of Iowa · 1862
- Emerson v. DurandWisconsin Supreme Court · 1885
- Gyger's AppealSupreme Court of Pennsylvania · 1869
- Hoag v. AldermanMassachusetts Supreme Judicial Court · 1903
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