Cilley v. Van Patten
Michigan Supreme Court
Error to Ottawa. (Arnold, J.) Assumpsit. Defendant brings error. A partner who has contributed funds which another should have contributed can bring assumpsit for them before the partnership affairs are settled: Kinney v. Robison 52 Mich. 392; Wright v. Eastman 44 Me. 220; Williams v. Henshaw 11 Pick. 84; Oollamer v. Foster 26 Yt. 758 ; 1 Pars. Cont.
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Error to Ottawa. (Arnold, J.) Assumpsit. Defendant brings error. A partner who has contributed funds which another should have contributed can bring assumpsit for them before the partnership affairs are settled: Kinney v. Robison 52 Mich. 392; Wright v. Eastman 44 Me. 220; Williams v. Henshaw 11 Pick. 84; Oollamer v. Foster 26 Yt. 758 ; 1 Pars. Cont. (5th ed.) 164. One partner cannot sue another at law for anything received on partnership account, while partnership matters remain unadjusted: (5 Wait’s A. & D. 149 ; Holmes v. Higgins 1B. & O. 76 ; Smith v. Allen 18 Johns. 245; Grottes v.…
1Opinion of the CourtSherwood, J.
This suit was commenced in justice’s court. The declaration contained a special count, wherein the plaintiffs alleged a failure of the defendant to perfo rm a certain contract, by the terms of which the defendant, who was owner of a vessel running between various ports on Lake Michigan, agreed to carry for plaintiffs a cargo of wood when requested from Port Sheldon to the city of Eacine in the state of Wisconsin, in the month of August, 18S0, and in consequence of the failure so to do, after request made, the plaintiff’s property became wholly lost and destroyed. The common counts in…
2Cases cited3 opinions
- Blackwood v. BrownMichigan Supreme Court · 1875
- Draper v. FletcherMichigan Supreme Court · 1872
- Rose v. JacksonMichigan Supreme Court · 1879
3Cited by5 opinions
- Gates v. ComstockMichigan Supreme Court · 1895
- Cilley v. Van PattenMichigan Supreme Court · 1888
- Webster v. WilliamsMichigan Supreme Court · 1888
- Theatre Equipment Acceptance Corp. v. BetmanMichigan Supreme Court · 1931
- Master Spark Co. v. HickersonMichigan Supreme Court · 1920