Legal Opinion

McGraw v. Hilton

Supreme Court of Pennsylvania

Decided May 25, 1908No. Appeal, No. 60Published

Appeal, No. 60, Jan. T., 1908, by plaintiff, from order of O. P. McKean Co., June T., 1905, No. 2, dismissing exceptions to referee’s report in case of James H. McGraw v. Robert W. Hilton et al. Exceptions to report of F. P. Schoonmaker, Esq., referee. The opinion of the Supreme Court states the case. Error assigned was in dismissing exceptions to report of referee.

1Opinion of the Court

Per Curiam,

The bill in this case was by a partner for an account. His right to an account was conceded, and an account of the general business of the partnership was stated by the referee to which no exception was taken by the parties. The single matter in controversy was whether the plaintiff was entitled to an account for the profits-resulting from the purchase of a tract of timber by two of his partners in their own names.

It was alleged in the bill that the timber was bought for the use of the partnership and paid for by the use of its funds. It was denied in the answer that the…

2Cases cited2 opinions

  1. Steinmeyer v. SiebertSupreme Court of Pennsylvania · 1899
  2. Lyons v. LyonsSupreme Court of Pennsylvania · 1903

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