Howell v. Howell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Tbe complaint in tbis action alleges that in May, 1847, "William Howell and bis brothers Walter and Robert entered into a partnership in a general mercantile business in tbe state of New Jersey; that William put into tbe business $2500, Walter some amount which tbe plaintiffs are unable to state, and Robert put in no money or property; that in May, 1848, Robert, witb tbe consent of Walter, but in tbe absence of William and…
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APPEAL from tbe Circuit Court for Jefferson County. Tbe complaint in tbis action alleges that in May, 1847, "William Howell and bis brothers Walter and Robert entered into a partnership in a general mercantile business in tbe state of New Jersey; that William put into tbe business $2500, Walter some amount which tbe plaintiffs are unable to state, and Robert put in no money or property; that in May, 1848, Robert, witb tbe consent of Walter, but in tbe absence of William and without bis consent, sold all tbe partnership pr0perty for about $2000, (which was much below its value, an(j foss than…
1Opinion of the Court
By the Court,
DIXON, O. J".
It is unnecessary for us to determine whether this action can be sustained without an accounting and settlement of the affairs of the firm of Howell & Co., or to consider the condition of the lands with reference to the partnership, since, assuming the action to be maintainable in its present form, we are still of opinion, upon the facts stated in the complaint, that it is barred by the statute of limitations. The counsel for the appellants conceded at the argument, if an accounting was to be had, that their remedy was cut off by the statute, but seemed to suppose,…
2Cases cited4 opinions
- Parker v. KaneWisconsin Supreme Court · 1856
- Smith v. PackardWisconsin Supreme Court · 1860
- Sheldon v. SheldonWisconsin Supreme Court · 1854
- Peck v. CheneyWisconsin Supreme Court · 1856
3Cited by37 opinions
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Hecht v. SlaneyCalifornia Supreme Court · 1887
- Lambert v. Ensign Manuf'g Co.West Virginia Supreme Court · 1896
- Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Fawcett v. FawcettWisconsin Supreme Court · 1893
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