Freeman v. Freeman
Massachusetts Supreme Judicial Court
Bill in equity to settle the affairs of a partnership not already adjusted between the parties, including letters patent and other personal property, and for an account. The allegations of the answer, so far as material to the point decided, appear in the opinion.
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Bill in equity to settle the affairs of a partnership not already adjusted between the parties, including letters patent and other personal property, and for an account. The allegations of the answer, so far as material to the point decided, appear in the opinion. The case was referred to a master, who found the following facts : The plaintiff is the administratrix of the estate of her husband, Joseph J. Freeman, who' died on October 6, 1878. At the time of his death, and for many years prior thereto, he carried on the business of manufacturing jewelry in Attleborough, in partnership with his…
1Opinion of the Court
C. Allen, J,
Letters patent belonging to a firm are to be dealt with, on a dissolution of the firm, like other partnership property. If used by a surviving partner for the purpose of profit, he will be held to an account, as in other cases of using assets of the firm; and if a sale is necessary for the purpose of winding up the affairs of the firm, such sale will be ordered by the court, if not made voluntarily. The case of Mathers v. Green, L. R 1 Ch. 29, cited by the defendant, implies nothing to the contrary of this doctrine,- and has no reference whatever to the case of a partnership. It…
2Cases cited10 opinions
- Barry v. BriggsMichigan Supreme Court · 1871
- Heath v. WatersMichigan Supreme Court · 1879
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Moore v. HuntingtonSupreme Court of the United States · 1873
- Shearer v. ShearerMassachusetts Supreme Judicial Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Karrick v. HannamanSupreme Court of the United States · 1897
- Arnold v. MaxwellMassachusetts Supreme Judicial Court · 1916
- Moore v. RawsonMassachusetts Supreme Judicial Court · 1904
- Flint v. CodmanMassachusetts Supreme Judicial Court · 1924
- Porter v. LongMichigan Supreme Court · 1900
10 more not listed; retrieve them via the Exa API.