Legal Opinion

Garrow v. Nicolai

Oregon Supreme Court

Decided April 19, 1893PublishedCited by 2 opinions

Multnomah County: Loyal B. Stearns, Judge. Suit by Eugene Garrow against Adolph Nicolai for dissolution of a partnership and an accounting. Decree for plaintiff and the defendant appeals. This is a suit by Eugene Garrow against Adolph Nicolai for an accounting.

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Multnomah County: Loyal B. Stearns, Judge. Suit by Eugene Garrow against Adolph Nicolai for dissolution of a partnership and an accounting. Decree for plaintiff and the defendant appeals. This is a suit by Eugene Garrow against Adolph Nicolai for an accounting. The complaint alleges that in March, 1887, plaintiff and defendant entered into a copartnership under the firm name of Nicolai & Garrow, for the purpose of purchasing and erecting a sawmill in Columbia County, purchasing timber, and running and operating said mill in manufacturing lumber for the benefit of the copartnership. The…

1Opinion of the CourtChief Justice Lord

1. It is claimed that the court erred in sustaining the demurrer to the plea of an arbitrament and award, because *82the award is a conclusive defense to the suit. This is challenged on the ground that the award does not follow the submission, and that if it did, it would not cover the issues in this suit. The facts show that the suit was brought originally to obtain a dissolution of the copartnership, and an accounting of its affairs; that the partners disagreed, the plaintiff claiming that the business had been profitable, and the defendant claiming that it had been unprofitable, and attended…

2Cases cited2 opinions

  1. Carnochan v. ChristieSupreme Court of the United States · 1826
  2. Colcord v. FletcherSupreme Judicial Court of Maine · 1862

3Cited by2 opinions

  1. Oregon-Washington R. & N. Co. v. Spokane P. & S. Ry. Co.Oregon Supreme Court · 1917
  2. Parrish v. HiginbothamOregon Supreme Court · 1901

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