Howe v. Chmielinski
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 3, 1919, against Henry H. Chmielinski and the Polish Industrial Association, a corporation, praying that a partnership be decreed to exist between the plaintiff and Chmielinski in accordance with an agreement of partnership dated June 14, 1919, relating to the purchase of certain real estate from the Journal Building Trust, under which the defendant had procured title to the real estate; that the partnership be…
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Bill in equity, filed in the Superior Court on December 3, 1919, against Henry H. Chmielinski and the Polish Industrial Association, a corporation, praying that a partnership be decreed to exist between the plaintiff and Chmielinski in accordance with an agreement of partnership dated June 14, 1919, relating to the purchase of certain real estate from the Journal Building Trust, under which the defendant had procured title to the real estate; that the partnership be dissolved; that a receiver be appointed to take charge of the real estate, collect rents and sell and dispose of the property;…
1Opinion of the CourtBraley, J.
The findings of fact by the presiding judge being *534amply supported by the evidence, we take up the questions of law in the order of presentation.
It is contended that, while the plaintiff and his associate shareholders under the provisions of the voluntary trust agreement may have been partners as to third parties, they did not as between themselves sustain this relation, and that in the transactions relating to the sale of the property as disclosed by the record, he was free to enrich himself at their expense. But, as was said in Williams v. Milton, 215 Mass. 1, 6, “Where persons associated…
2Cases cited15 opinions
- Williams v. Inhabitants of MiltonMassachusetts Supreme Judicial Court · 1913
- Beekman v. MarstersMassachusetts Supreme Judicial Court · 1907
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
- Arnold v. MaxwellMassachusetts Supreme Judicial Court · 1916
10 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
- Walsh v. Atlantic Research Associates, Inc.Massachusetts Supreme Judicial Court · 1947
- Rosenblum v. Springfield Produce Brokerage Co.Massachusetts Supreme Judicial Court · 1922
- Flint v. CodmanMassachusetts Supreme Judicial Court · 1924
- Canadian Club Beverage Co. v. Canadian Club Corp.Massachusetts Supreme Judicial Court · 1929
25 more not listed; retrieve them via the Exa API.