McGillvray v. Moser
Supreme Court of Kansas
Error from. Brown District Court. Action brought by Peter C. McGillvray against Elias Moser. In his petition he alleges that a partnership was entered into between them in 1881, at Hiawatha, for the sale of farm machinery, agricultural implements, buggies, etc., and that by mutual agreement the firm was dissolved January 1,1883. The plaintiff asked an accounting, and that the defendant be adjudged to pay to plaintiff such sums as might appear to be justly due him, and that…
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Error from. Brown District Court. Action brought by Peter C. McGillvray against Elias Moser. In his petition he alleges that a partnership was entered into between them in 1881, at Hiawatha, for the sale of farm machinery, agricultural implements, buggies, etc., and that by mutual agreement the firm was dissolved January 1,1883. The plaintiff asked an accounting, and that the defendant be adjudged to pay to plaintiff such sums as might appear to be justly due him, and that some proper person might be appointed by the court as receiver, to take charge of the books and'collect moneys owing to…
1Opinion of the Court
Opinion by
Holt, C.:
None of the testimony submitted to the referee is brought here, but there is a controversy concerning the opportunity or want of opportunity of the plaintiff to present a bill of exceptions to the referee before his report was filed in court. Upon this issue there is quite a voluminous amount of conflicting and contradictory testimony, which it would be profitless to discuss; it is enough to say that we shall not disturb the ruling of the district court against the plaintiff on this phase of the ease, as it is upheld by some substantial evidence.
The plaintiff objected to…
2Cited by3 opinions
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