McBride v. Ricketts
Supreme Court of Iowa
Appeal from Plymouth District Court. — Hon. F. R. G-aynor, Judge. The first of these suits is an action for a partnership accounting, for the appointment of a receiver to take charge of the firm property, and for an induction restraining defendant from collecting any debts due the firm, or from disposing of any of the property thereto belonging.
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Appeal from Plymouth District Court. — Hon. F. R. G-aynor, Judge. The first of these suits is an action for a partnership accounting, for the appointment of a receiver to take charge of the firm property, and for an induction restraining defendant from collecting any debts due the firm, or from disposing of any of the property thereto belonging. The second is an action at law, brought by the receiver appointed in the first case to recover of defendant Caroline E. Ricketts the proceeds of certain property, which it is alleged belonged to the firm of Ricketts & McBride, and which it is claimed…
1Opinion of the CourtDeemer, J.
1 *5422 3 *5434 *540The first query presented by the appeal is, was there a partnership between McBride and Ricketts, as claimed in the petitions? The law as to what constitutes a partnership is well settled. In the recent case of Winter v. Pipher, 96 Iowa, 17 (64 N. W. Rep. 663), we had occasion to reconsider the question, and we there said, in substance that “it is settled doctrine in this state that to *541constitute a partnership there must be not only a community of interest in the profits, but a sharing in the losses as well,” and “that a mere participation in the profits does not constitute a…
2Cases cited1 opinion
- Winter v. John Pipher & Co.Supreme Court of Iowa · 1895
3Cited by8 opinions
- Johnson Bros. v. Carter & Co.Supreme Court of Iowa · 1903
- Nelson v. LindseySupreme Court of Iowa · 1917
- Florence v. FoxSupreme Court of Iowa · 1922
- McCarney v. LightnerSupreme Court of Iowa · 1920
- Richardson v. CarltonSupreme Court of Iowa · 1899
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