McMahon v. Brown
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 1,1914, by amendment from an action at law begun by a writ dated June 14, 1912, by the assignee of the administrator of the estate of Charles H. Brown, junior, against Frank E. Brown of Fitchburg for an accounting for the partnership assets of a firm consisting of Charles H. Brown, junior, and the defendant, who carried on the business of manufacturing steam engines in Fitchburg.
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Bill in equity, filed in the Superior Court on January 1,1914, by amendment from an action at law begun by a writ dated June 14, 1912, by the assignee of the administrator of the estate of Charles H. Brown, junior, against Frank E. Brown of Fitchburg for an accounting for the partnership assets of a firm consisting of Charles H. Brown, junior, and the defendant, who carried on the business of manufacturing steam engines in Fitchburg. The allegations of the bill, which are referred to in the opinion as admitted except those of the fifth paragraph which were denied, were as follows: “1. That…
1Opinion of the CourtBraley, J.
The master reports that the defendant admitted the material allegations of the first, second, third, fourth, sixth, seventh and eighth paragraphs of the bill, but denied the allegations of the fifth paragraph. It followed from these admissions, as the master has found, that a partnership existed in which the profits and losses should be shared equally between the partners Charles H. Brown, junior, and the defendant. McMurtrie v. Guiler, 183 Mass. 451. It was terminated on May 22, 1906, when its business and assets were transferred to a corporation which also assumed all liabilities, but the…
2Cases cited14 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Volkening v. . DegraafNew York Court of Appeals · 1880
- Harvey v. VarneyMassachusetts Supreme Judicial Court · 1867
- McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Berwin v. LevensonMassachusetts Supreme Judicial Court · 1942
- Davis v. ArnoldMassachusetts Supreme Judicial Court · 1929
- Estate of Porter v. CommissionerUnited States Tax Court · 1970
- DiCarlo v. LattucaMassachusetts Appeals Court · 2004
- Brigham v. BicknellMassachusetts Supreme Judicial Court · 1924
6 more not listed; retrieve them via the Exa API.