Legal Opinion

Bishop v. Breckles

New York Court of Chancery

Decided September 29, 1840PublishedCited by 1 opinion

The bill was filed to procure a decree dissolving the partnership between the complainant and the defendant, and for the usual accounts to be taken. It contained various allegations of improper conduct on the part of the defendant, and of his refusal to go on with the business. The defendant denied these statements, and opposed the dissolution.

1Opinion of the Court

The Assistant Vice-Chancellor :

The fact that the articles of co-partnership were never signed is not *535material, because the bill states that they were drawn, and that the copy annexed contains all the terms agreed upon between the parties. The answer admits them, and the defendant avers that the business was conducted according to them. The allegation that the business was to be conducted according to the general law of partnership until signature is explicitly denied. The advertisement also, inserted by the direction of the parties, contains the term of the duration of the partnership. Under…

2Cited by1 opinion

  1. Meaher v. Cox, Brainard & Co.Supreme Court of Alabama · 1861

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