Legal Opinion

Price v. . Eccles

Supreme Court of North Carolina

Decided June 5, 1875PublishedCited by 6 opinions

OrviL actioN, for an account, tried before Wilson, J., at Pall Term, 1874, Bowan Superior Court. The plaintiffs moved for an order of reference, which was allowed as to certain notes and accounts admitted by the defendant to have been left in his possession, on a settlement with the plaintiffs, and refused as to a general account. All other facts necessary to an understanding of the case, as decided in this Court, are stated in the opinion of Justice Rodman.

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OrviL actioN, for an account, tried before Wilson, J., at Pall Term, 1874, Bowan Superior Court. The plaintiffs moved for an order of reference, which was allowed as to certain notes and accounts admitted by the defendant to have been left in his possession, on a settlement with the plaintiffs, and refused as to a general account. All other facts necessary to an understanding of the case, as decided in this Court, are stated in the opinion of Justice Rodman. From so much of the above order as refuses a general account the plaintiffs appealed.

1Opinion of the CourtRodMAN, J.

The complaint alleges a partnership between the plaintiffs and defendant, which has expired by its own limitation, and that defendant received the partnership assets and has not accounted, and prays an account. Of course, on this statement the plaintiffs are entitled to the decree prayed for.

The answer admits the partnership, but in avoidance of an, account of matters prior to 31st of December, 1872, sets up ai full settlement on that day, with the exception of certain debts- and accounts due to and from the partnership, which were’ thereafter to be accounted for by the defendant.. Sec. 127,…

Also in this document: Per curiam.

2Cited by6 opinions

  1. Clements v. . RogersSupreme Court of North Carolina · 1886
  2. Solon Lodge No. 9 Knights of Pythias Co. v. Ionic Lodge Free Ancient & Accepted Masons No. 72 Co.Supreme Court of North Carolina · 1957
  3. McQueen v. Peoples National BankSupreme Court of North Carolina · 1892
  4. Smith v. BarringerSupreme Court of North Carolina · 1876
  5. Buffkins v. . EasonSupreme Court of North Carolina · 1892

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