Legal Opinion

Sigourney v. Munn

Supreme Court of Connecticut

Decided June 15, 1828PublishedCited by 30 opinions

This was a bill in chancery, praying for an account, for a division of partnership effects and for a conveyance of title to certain real estate. The facts stated in the bill and found by a committee, pro-sented the following case. On the 21st of Jidy, 1819, Charles Sigourney, the plaintiff, entered into partnership in mercantile business with Charles Munn, one of the defendants, to be terminated, at the desire of either party, on the 1 st day of April, in anv year.

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This was a bill in chancery, praying for an account, for a division of partnership effects and for a conveyance of title to certain real estate. The facts stated in the bill and found by a committee, pro-sented the following case. On the 21st of Jidy, 1819, Charles Sigourney, the plaintiff, entered into partnership in mercantile business with Charles Munn, one of the defendants, to be terminated, at the desire of either party, on the 1 st day of April, in anv year. By the articles of partnership, the plaintiff was to furnish the capital of the company, to consist of all his stock of hardware…

1Opinion of the Court

Hosmer, Ch. J.

1. Whether as between Sigourney and Munn the land mentioned in the plaintiff’s bill is a portion of the partnership fund, is the first question which the case presents.

For the more clear understanding of the questions of law in the case, I will consider the rights of the parties in relation to real estate, by a division of them into three classes.

The first of them exists when partners invest part of their capital in land, without any reference to the accommodation of the partnership business, and without any special agreement concerning the use of the property.

This class of…

2Cases cited3 opinions

  1. Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
  2. Forde v. HerronSupreme Court of Virginia · 1814
  3. M'Dermot v. LaurenceSupreme Court of Pennsylvania · 1821

3Cited by30 opinions

  1. Buchan v. SumnerNew York Court of Chancery · 1847
  2. Duryea v. BurtCalifornia Supreme Court · 1865
  3. Lang's Heirs v. WaringSupreme Court of Alabama · 1850
  4. Minter v. MinterOregon Supreme Court · 1916
  5. Scudder v. AmesSupreme Court of Missouri · 1886

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