Knapp v. Edwards
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dunn County. - Action for an accounting and adjustment of a partnership business. In November, 1866, the parties entered into a co-partnership for the purpose of carrying on the business of manufacturing doors, sash, blinds, and other articles,— such partnership to commence January 1, 1867, and to continue five years. Each partner was to furnish $5,000 of capital, and profits and losses were to be shared equally between them.
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APPEAL from the Circuit Court for Dunn County. - Action for an accounting and adjustment of a partnership business. In November, 1866, the parties entered into a co-partnership for the purpose of carrying on the business of manufacturing doors, sash, blinds, and other articles,— such partnership to commence January 1, 1867, and to continue five years. Each partner was to furnish $5,000 of capital, and profits and losses were to be shared equally between them. The partnership agreement contains the following-stipulations : “ It is understood and agreed that the said John F. Fdwards, party of…
1Opinion of the CourtLvorr, J.
The finding of the referee that the defendant is indebted to the plaintiff, on account of their partnership business, in the sum of $1,087.52, and interest thereon from January 1, 1872, and the judgment entered in accordance therewith, can only be supported (if at all) by an application to the defendant of the maxim omnia praesvmuntur contra spoliatorem..
We think this is not a proper case for the application of so severe a rule. The rule in all its rigor is for wrongdoers— for those who have been guilty of fraud or wilful disregard of duty, rather than those who have failed in capacity to…
2Cases cited1 opinion
- Dimond v. HendersonWisconsin Supreme Court · 1879
3Cited by7 opinions
- Jagmin v. Simonds Abrasive Co.Wisconsin Supreme Court · 1973
- Hurter v. LarrabeeMassachusetts Supreme Judicial Court · 1916
- Comstock v. McDonaldMichigan Supreme Court · 1901
- Exchange Bank v. GardnerSupreme Court of Iowa · 1897
- Escallier v. BainesWashington Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.