Palm v. Poponoe
Supreme Court of Kansas
Error from Douglas district court; Samuel A. Riggs, judge. STATEMENT. This action was commenced in the district court of Douglas county on the 31st day of December, 1896. A demurrer to the original petition was filed by the defendant below, plaintiff in error here, upon the ground that it did not state facts sufficient to constitute a cause of action. This demurrer was sustained.
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Error from Douglas district court; Samuel A. Riggs, judge. STATEMENT. This action was commenced in the district court of Douglas county on the 31st day of December, 1896. A demurrer to the original petition was filed by the defendant below, plaintiff in error here, upon the ground that it did not state facts sufficient to constitute a cause of action. This demurrer was sustained. Later, and on the 13th day of March, 1897, the plaintiff below filed an amended petition, in substance as follows : On or about the 8th day of February, 1886, the defendant Andrew Palm and one John H. Wilder were…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
There is but one question necessary to be considered in this case, and that is decisive of the ihghts of the parties. There is no allegation in the petition of an accounting between John H. Wilder in his lifetime and Andrew Palm, his partner, or between the plaintiffs below and Andrew Palm. The absence of such an accounting is an insuperable obstacle to a recovery by the plaintiffs below.
John H. Wilder, deceased, and Andrew Palm Avere partners. The judgment rendered against them on February 8, 1886, in the district court of Douglas county,…
2Cases cited5 opinions
- Arnold v. . ArnoldNew York Court of Appeals · 1882
- Westerlo v. EvertsonNew York Supreme Court · 1828
- Stone v. BooneSupreme Court of Kansas · 1880
- Treadway v. RyanSupreme Court of Kansas · 1866
- O'Brien v. SmithSupreme Court of Kansas · 1889
3Cited by2 opinions
- Burris v. BurrisSupreme Court of Kansas · 1934
- Burley v. BrownSupreme Court of Kansas · 1906