Mullany v. Keenan
Supreme Court of Iowa
Appeal from Dubuque City Court. The plaintiff, Mullany, was a member of the firm of Lee-man, Keenan & Mullany. The defendant was the surviving partner of the firm of Leeman & Keenan, which assumed the name above mentioned, when the plaintiff was admitted as a member. The other facts are stated in the opinion of the court. cited Coll, on Part, sections 207, 245, 264, Story on Part, section 218, Story’s Eq. section 659-665, 3 John.
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Appeal from Dubuque City Court. The plaintiff, Mullany, was a member of the firm of Lee-man, Keenan & Mullany. The defendant was the surviving partner of the firm of Leeman & Keenan, which assumed the name above mentioned, when the plaintiff was admitted as a member. The other facts are stated in the opinion of the court. cited Coll, on Part, sections 207, 245, 264, Story on Part, section 218, Story’s Eq. section 659-665, 3 John. Ch. 362,25 Wend. 450,19 lb. 424,13 East. 7, 2 Cramp. & M. 361.
1Opinion of the CourtStocktoN, J.
The covenant sued on is an obligation of the firm of Leeman &.Keenan to pay to the plaintiff the one-third part of the profits derived by them from their contract for building the “Odd Fellows’ Hall” in Dubuque, on his becoming a member of the partnership firm of Leeman, Keenan & Mullany, and assuming a joint liability with the other members of the new firm in the liabilities of the old firm of Leeman & Keenan.
We are of opinion that the plaintiff could rightfully maintain the action at law on this covenant of the old firm, and that he is not to be driven to his suit in equity for a settlement…
2Cited by1 opinion
- Halleck v. StreeterNebraska Supreme Court · 1897