Belt v. Mehen
California Supreme Court
Appeal from the Fifth Judicial District, Tuolumne County. Belt sued Mehen, to correct an alleged fraud and mistake in the settlement of a partnership between the parties, which had been dissolved by mutual agreement of the parties, sealed and acknowledged, some three months before the suit was commenced. The answer denied the complaint: and by consent of parties, the cause was tried by the Court, without a jury. The Court found for the defendant, and dismissed the complaint.
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Appeal from the Fifth Judicial District, Tuolumne County. Belt sued Mehen, to correct an alleged fraud and mistake in the settlement of a partnership between the parties, which had been dissolved by mutual agreement of the parties, sealed and acknowledged, some three months before the suit was commenced. The answer denied the complaint: and by consent of parties, the cause was tried by the Court, without a jury. The Court found for the defendant, and dismissed the complaint. The defendant appealed. The facts sufficiently appear in the opinion of the Court.
1Opinion of the CourtChief Justice Murray
Previous to the commencement of this action, the plaintiff and defendant, who had been partners in mercantile business, by articles of agreement, dissolved the partnership, adjusted the debts, and distributed the assets of the firm. After the dissolution, the plaintiff brought his action in the Court below to recover the sum of $5,273.50, which sum he alleged had been fraudulently and falsely entered in the books of the firm to the credit of the defendant, and charged to the plaintiff, and was allowed by him through ignorance and mistake, in the settlement of the partnership accounts. The…
2Cited by6 opinions
- Taylor v. TaylorCalifornia Court of Appeal · 1944
- Coates v. BuckWisconsin Supreme Court · 1896
- Currey v. LawlerWest Virginia Supreme Court · 1886
- Lewis v. LoperU.S. Circuit Court for the District of Southern Ohio · 1893
- Clouch v. MoyerSupreme Court of Kansas · 1880
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