Lawrence v. Rokes
Supreme Judicial Court of Maine
„ Bill IN Equity. The case was heard on demurrer. The allegations of the bill and demurrer sufficiently appear in the opinion. contended that — The bill cannot be maintained for want of proper parties, and demurrer is the proper mode of taking advantage of the defect.
Read the full summary
„ Bill IN Equity. The case was heard on demurrer. The allegations of the bill and demurrer sufficiently appear in the opinion. contended that — The bill cannot be maintained for want of proper parties, and demurrer is the proper mode of taking advantage of the defect. Story’s Equity Plead., §§ 541 — 543; Fuller v. Benjamin, 23 Maine, 255 ; White v. Curtis, 2 Gray, 467 — 472'. The bill exhibits the names of several persons who should have been made defendants; and it is no excuse that they are out of the State. That the Court will not proceed to a decree, until all whose rights are to be…
1Opinion of the Court
Kent J.
The bill sets out a partnership in lumbering transactions between the plaintiff and the four defendants, on equal terms. It further charges, that the business has been finished, that all the joint property has been sold or disposed of, that all the debts due to or from the co-partnership have been adjusted and discharged, that the other members of the firm are justly indebted to him severally and individual*112ly in a large sum, for advances and payments made by him, beyond his fair share of such advances. He further sets out in his bill, that all the defendants named, except Rokes, now…
2Cases cited5 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- West v. RandallU.S. Circuit Court for the District of Rhode Island · 1820
- Bailey v. IngleeNew York Court of Chancery · 1830
- Tappan v. BruenMassachusetts Supreme Judicial Court · 1809
- Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1812
3Cited by3 opinions
- Renick v. LudingtonWest Virginia Supreme Court · 1882
- Whittemore v. Continental MillsDistrict Court, D. Maine · 1951
- Perkins v. HendryxU.S. Circuit Court for the District of Massachusetts · 1906