Moore v. Huntington
Supreme Court of the United States
Appeal from the Supreme-Court of the Territory of New Mexico. Mrs. Huntington, widow by a former marriage of Nathan Webb, and administratrix of his estate, brought this, a suit in chancery, against W. H. Moore and W. C. Mitchell, as surviving partners of a firm of which her husband, whose sole heir by the laws of Texas she alleged herself to be, was a member at the time-of his death.
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Appeal from the Supreme-Court of the Territory of New Mexico. Mrs. Huntington, widow by a former marriage of Nathan Webb, and administratrix of his estate, brought this, a suit in chancery, against W. H. Moore and W. C. Mitchell, as surviving partners of a firm of which her husband, whose sole heir by the laws of Texas she alleged herself to be, was a member at the time-of his death. The object of the bill was to obtain a settlement of the partnership transactions, and she alleged tha.t a large sum was due her on such settlement. It admitted of no doubt that Moore and Mitchell, who had been…
1Opinion of the CourtJustice Miller
We are of opiuion that the ruling which decided the interest of Webb in the Fort Union branch of the concern to have been one-third was erroneous. No witness ever saw any articles of agreement. It is not contended now that any such were proved to have had an existence. No witness was ever present at any conversation between .the partners on that subject. One witness/a brother-in-law of Webb, states that he heard Webb say he was an equal partner in the business, which statement was made while Moore was in the room where it was said, but he cannot say that Moore heard it, or that it was said in…
2Cited by23 opinions
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- Blackburn v. FitzgeraldSupreme Court of Alabama · 1900
- Long v. O. R. Lang & Co.Supreme Court of Oklahoma · 1915
- Greer v. AndrewSupreme Court of Georgia · 1909
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