Pearl v. Harris
Massachusetts Supreme Judicial Court
Bill in equity alleging that the plaintiffs and defendants had been members of a copartnership, which was afterwards dissolved ; that the defendant Harris was intrusted with the full settlement of the partnership affairs upon the dissolution thereof, and the whole property of the copartnership was placed in his hands, and that, in addition to the amount of property received by Harris upon the dissolution of the copartnership, he had collected and received large sums of money…
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Bill in equity alleging that the plaintiffs and defendants had been members of a copartnership, which was afterwards dissolved ; that the defendant Harris was intrusted with the full settlement of the partnership affairs upon the dissolution thereof, and the whole property of the copartnership was placed in his hands, and that, in addition to the amount of property received by Harris upon the dissolution of the copartnership, he had collected and received large sums of money due the said partnership, and had distributed and paid over to the plaintiffs some portion of the moneys realized and…
1Opinion of the CourtMorton, J.
The defendants’ appeal from the order of the court appointing a master can only be sustained upon the ground that the agreement in the articles of copartnership, to refer all disputed matters to arbitrators, ousts this court of jurisdiction. But it is well'settled that an agreement to submit to arbitration will not be held valid, either in law or equity, when its effect is to oust the court of jurisdiction. Wood v. Humphrey, 114 Mass. 185. Tobey v. County of Bristol, 3 Story, 800.
The defendants insist that a court of equity ought not, in its discretion, to entertain the case, because the…
2Cases cited2 opinions
- Tobey v. County of BristolU.S. Circuit Court for the District of Massachusetts · 1845
- Wood v. HumphreyMassachusetts Supreme Judicial Court · 1873
3Cited by17 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Griffith v. Cole Bros.Supreme Court of Iowa · 1917
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
- Rosenblum v. Springfield Produce Brokerage Co.Massachusetts Supreme Judicial Court · 1922
- Patton v. Babson's Statistical Organization, Inc.Massachusetts Supreme Judicial Court · 1927
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