Legal Opinion

Stone v. Boone

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 10 opinions

Error from, Cherokee District Court. Action in attachment by W. B. Stone and H. Gove against L. D. Boone. The plaintiffs reside in Cherokee county, and the defendant in Chicago, Illinois.

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Error from, Cherokee District Court. Action in attachment by W. B. Stone and H. Gove against L. D. Boone. The plaintiffs reside in Cherokee county, and the defendant in Chicago, Illinois. The plaintiffs are producers and operators in lead and zinc ore, and the defendant is the proprietor of zinc works at Weir City, Cherokee county. . On the 2d day of October, 1879, the plaintiffs and defendant entered into articles of copartnership at Galena, Cherokee county, in accordance with which the business of smelting zinc ore was to be done at Weir City, and it was to be sold wherever there was a…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The petition avers a dissolution of partnership, a settlement between the parties, an accounting, and the finding of a balance. The affidavits of H. Gove (one of the plaintiffs) for the attachment and service by publication, and other proof introduced on the hearing of the motion to discharge a part of the attached property, make it quite clear, 'however, that the profits of $9,587.30, alleged to be due the plaintiffs from the defendant, are on an unsettled partnership account. In short, it is the sum, in the language of one of the…

2Cases cited2 opinions

  1. Humphreys v. MatthewsIllinois Supreme Court · 1850
  2. Treadway v. RyanSupreme Court of Kansas · 1866

3Cited by10 opinions

  1. Missouri Pacific Railway Co. v. PrestonSupreme Court of Kansas · 1901
  2. Rullman v. HulseSupreme Court of Kansas · 1885
  3. Chesney v. McClintockSupreme Court of Kansas · 1899
  4. Olsburg State Bank v. AndersonSupreme Court of Kansas · 1941
  5. Bingham v. KeylorWashington Supreme Court · 1898

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