Logan v. Trayser
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. In January, 1877, the plaintiffs and defendants and one Dixon formed a copartnership, under the name and style of the New London Stave Company, for the purpose of carrying on a general stave business at the city of New London. There were six equal partners in the firm or company, the defendants, under the firm name Trayser & Dickmson, being one of the partners, and Dixon being another.
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APPEAL from the Circuit Court for Waupaca County. In January, 1877, the plaintiffs and defendants and one Dixon formed a copartnership, under the name and style of the New London Stave Company, for the purpose of carrying on a general stave business at the city of New London. There were six equal partners in the firm or company, the defendants, under the firm name Trayser & Dickmson, being one of the partners, and Dixon being another. The copartnership continued until April, 1881, when it was dissolved by the death of Dixon. It was then insolvent. The surviving partners proceeded to wind up…
1Opinion of the CourtLyokt, J.
1. The defendants moved for a nonsuit on the ground that the case involves the necessity of an accounting between the partners in the stave company, and that no action at law can be maintained against them to recover the proportion of the indebtedness of the company chargeable to them, until an accounting shall have been had in equity and such proportion thereby ascertained. The motion was denied, and such denial is assigned as error. ¥e think the ruling correct. Such accounting was had in the action against the Dixon heirs, and the amount of the deficiency which, as between themselves, each…
2Cited by4 opinions
- Ruocco v. LogioccoSupreme Court of Connecticut · 1926
- Thompson v. HemenwayIllinois Supreme Court · 1905
- Emerson v. McDonellWisconsin Supreme Court · 1908
- Hemenway v. ThompsonIllinois Supreme Court · 1907