Legal Opinion

Bird v. Morrison

Wisconsin Supreme Court

Decided June 15, 1860PublishedCited by 26 opinions

APPEAL from the circuit court for Dane county.' This was a suit in equity, commenced in March, 1854, Toy the complainant Bird, for the purpose of dissolving an alleged copartnership between himself and' James Morrison, John F. O'Neil and James D. Doty, and for an accounting, and distribution of the partnership effects, &c.

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APPEAL from the circuit court for Dane county.' This was a suit in equity, commenced in March, 1854, Toy the complainant Bird, for the purpose of dissolving an alleged copartnership between himself and' James Morrison, John F. O'Neil and James D. Doty, and for an accounting, and distribution of the partnership effects, &c. The bill alleges, that on the 19th of March, 1838, the complainant, and said Morrison, O'Neil and Doty, entered into partnership in the mercantile business in Madison, Wisconsin, under a written agreement, which recited that said Morrison should be the acting partner, and…

1Opinion of the Court

By the Court,

Paine, J.

We think the court below properly found the existence of the original agreement of partnership set forth in the complaint. ■> The answer of the defendant Morrison, admitting the execution of the agreement, and that, in pursuance of it, he brought his stock of goods to Madison, and opened the store, as the acting partner, and opened books in the name of the company, establishes this branch of the plaintiff’s case in the first instance, and devolves upon Morrison the burden of showing that such partnership ceased after having been so entered upon.’ His counsel insist that…

2Cases cited7 opinions

  1. Baker v. Wheeler & MartinNew York Supreme Court · 1832
  2. Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
  3. Fairchild v. RasdallWisconsin Supreme Court · 1859
  4. Coles v. ColesNew York Supreme Court · 1818
  5. Porter v. M'Clure & TourtellotNew York Supreme Court · 1836

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3Cited by26 opinions

  1. Butts v. CooperSupreme Court of Alabama · 1907
  2. Meagher v. ReedSupreme Court of Colorado · 1890
  3. Speyer v. DesjardinsIllinois Supreme Court · 1892
  4. Land, Log & Lumber Co. v. BrownWisconsin Supreme Court · 1889
  5. Williams v. . GilliesNew York Court of Appeals · 1878

21 more not listed; retrieve them via the Exa API.

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