Best v. Pike
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: John K. P apish, Circuit Judge. This is an action to dissolve an alleged partnership and for an accounting. Ey agreement of the parties there was also included in the action the private and personal accounts' between the parties.
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Appeal from a judgment of the circuit court for Ashland county: John K. P apish, Circuit Judge. This is an action to dissolve an alleged partnership and for an accounting. Ey agreement of the parties there was also included in the action the private and personal accounts' between the parties. The original complaint alleged that on or about the 1st of January, 1882, the plaintiffs, whe were then partners under the firm name of Best Bros., entered into an agreement of partnership Avith the defends ant, PiTce, for the purpose of purchasing and cutting pine timber and sawing and selling the same,…
1Opinion of the CourtWinslow, J.
The question whether there was a partnership between the plaintiffs and the defendant was a very important one in the case. As will be seen from the foregoing statement of facts, this question was not determined prior to the reference to Beferee Cover, nor did the order of reference expressly authorize him to determine the question, but simply empowered him to “ take an account between the parties, and report the same to the court without unnecessary delay.” Under this order, however', the referee •assumed to determine the question, and made findings thereon, and reported them to the court.…
2Cases cited2 opinions
- Stone v. MerrillWisconsin Supreme Court · 1877
- Briggs v. HilesWisconsin Supreme Court · 1894
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