Legal Opinion

Wright v. Radcliffe

Missouri Court of Appeals

Decided February 26, 1895PublishedCited by 2 opinions

Error to the Butler Circuit Court.—Hon. John ,Gt. Weak, Judge. Equity has always had jurisdiction of the settlement of partnership accounts. Snell’s Principles of Equity, p. 427; Bankm v. Fairley, 29 Mo. App. 593; McKnight v. McOutcheon, 27 Mo. 436; Newberger v. Friede, 23 Mo.

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Error to the Butler Circuit Court.—Hon. John ,Gt. Weak, Judge. Equity has always had jurisdiction of the settlement of partnership accounts. Snell’s Principles of Equity, p. 427; Bankm v. Fairley, 29 Mo. App. 593; McKnight v. McOutcheon, 27 Mo. 436; Newberger v. Friede, 23 Mo. App. 631; Lindell v. Lee, 34 Mo. 103; Scott v. Caruth, 50 Mo. 120. Having acquired jurisdiction for that purpose, equity will retain it for the purpose of settling partnership affairs, and will restrain interference by creditors of members individually with partnership property. Snell’s Principles of Equity, p. 482; 3…

1Opinion of the CourtBond, J.

—Plaintiffs, Wright and Dalton, state in their petition that on the eighteenth day of January, 1891, they bought the interest of one Warne in a partnership, of which he was a member, carried on under the style of “Radcliffe & Warne,”'and on the same day formed an agreement of copartnership with said Radcliffe, whereby the business should be conducted under the firm name of “Wright & Dalton Machine Company;” and that this firm continued until the twenty-eighth day of January, 1891, when Radcliffe sold out to the plaintiffs. The petition then alleges that plaintiffs were induced to purchase…

2Cases cited5 opinions

  1. Wiles v. MaddoxSupreme Court of Missouri · 1857
  2. Scott v. CaruthSupreme Court of Missouri · 1872
  3. McKnight v. McCutchenSupreme Court of Missouri · 1858
  4. Rankin v. FairleyMissouri Court of Appeals · 1888
  5. Lindell v. LeeSupreme Court of Missouri · 1863

3Cited by2 opinions

  1. Wells v. AdamsMissouri Court of Appeals · 1901
  2. Henson v. SteverMissouri Court of Appeals · 1897

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