Emerson v. Durand
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. Action for an accounting and settlement of a business carried on under the name of Emerson & Co., to which, it is alleged in the complaint, the defendant Henry 8. Du-rand,, as executor of the will of Caroline B. Durand, deceased, and trustee of her estate to hold and manage it for .his daughters, the other defendants, had contributed the sum. of $10,250. The defendant Henry S. Durand claims to have been, individually, an equal…
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APPEAL from the Circuit Court for Hacine County. Action for an accounting and settlement of a business carried on under the name of Emerson & Co., to which, it is alleged in the complaint, the defendant Henry 8. Du-rand,, as executor of the will of Caroline B. Durand, deceased, and trustee of her estate to hold and manage it for .his daughters, the other defendants, had contributed the sum. of $10,250. The defendant Henry S. Durand claims to have been, individually, an equal partner with the plaintiff in the business, and that his daughters, the other defendants, have no legal interest…
1Opinion of the Court
The following opinion was filed June 24, 1885:
Cole, C. J.
The facts of this case seem more consistent with the hypothesis that the plaintiff and defendant Henry S. Duramd were partners inter sese in carrying on the business of manufacturing linseed oil at Racine than any other. The real relation of the parties has to be gathered by inference from their acts and the manner the business was conducted. There was no contract, either written or parol, clearly proven, to which reference can be had to ascertain their rights and liabilities. The plaintiff and Mr. Dwand differ widely as to what was…
2Cases cited7 opinions
- Tyler v. BurringtonWisconsin Supreme Court · 1876
- Godfrey v. WhiteMichigan Supreme Court · 1880
- Caldwell v. LeiberNew York Court of Chancery · 1839
- Levi v. KarrickSupreme Court of Iowa · 1862
- Lewis v. MoffettIllinois Supreme Court · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cook v. VennigerholzWashington Supreme Court · 1954
- In re the Estate of LevyWashington Supreme Court · 1923
- Waagen v. GerdeWashington Supreme Court · 1950
- Hoag v. AldermanMassachusetts Supreme Judicial Court · 1903
- Parish v. BainumIllinois Supreme Court · 1923
11 more not listed; retrieve them via the Exa API.