Wiggins v. Brand
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court for the county of Suffolk on December 8, 1904, alleging that the plaintiff and the defendant had been partners, that the business of the partnership had been sold and that thereafter the defendant had had charge of the liquidating of the firm accounts, and on account of such liquidation owed certain sums to the plaintiff; and praying that the defendant be ordered to account with the plaintiff, and “ that the defendant be required…
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Bill in equity, filed in the Superior Court for the county of Suffolk on December 8, 1904, alleging that the plaintiff and the defendant had been partners, that the business of the partnership had been sold and that thereafter the defendant had had charge of the liquidating of the firm accounts, and on account of such liquidation owed certain sums to the plaintiff; and praying that the defendant be ordered to account with the plaintiff, and “ that the defendant be required to immediately wind up the affairs of the company, dissolve the same in due form, and pay over to the plaintiff the…
1Opinion of the CourtBraley, J.
The plaintiff having obtained a decree, the case is before us on the defendant’s exceptions to the master’s report, which may be dealt with in the order of presentation.
Upon the sale of the firm’s business to the American Felt Company, no assets remained except the bills receivable, which the defendant took over to collect for the purpose of closing its affairs, accounting, however, to the plaintiff for his share. The partnership, while it had ceased to do business, not having been dissolved, it was the duty of each partner for their mutual benefit to aid in the settlement without…
2Cases cited5 opinions
- Moore v. RawsonMassachusetts Supreme Judicial Court · 1904
- English, Smith, MacKall & Hoffman v. FoxallSupreme Court of the United States · 1829
- Jones v. DexterMassachusetts Supreme Judicial Court · 1881
- Schenkl v. DanaMassachusetts Supreme Judicial Court · 1875
- Fletcher v. ReedMassachusetts Supreme Judicial Court · 1881
3Cited by12 opinions
- Shulkin v. ShulkinMassachusetts Supreme Judicial Court · 1938
- Murray v. BatemanMassachusetts Supreme Judicial Court · 1943
- Solis v. WilliamsMassachusetts Supreme Judicial Court · 1910
- Wilson v. MolineSupreme Court of Minnesota · 1949
- Silversmith v. SydemanMassachusetts Supreme Judicial Court · 1940
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