Bradford v. Spyker's Adm'r
Supreme Court of Alabama
[BILL IN EQUITY BOB SETTLEMENT OP PARTXEKSIIIP ACCOUNTS.] Appeal from the Chancery Court at Wetumpka. Heard before the Hon. James B. Clahe. The original bill in this case was filed on the 25th of April, 1848, by B. H. Spyker, as administrator of Jonathan Spyker, deceased, against Joseph H. Bradford; and sought a settlement of the partnership accounts of a mercantile firm which had existed, in the city of Montgomery, between said Jonathan Spyker and said Bradford.
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[BILL IN EQUITY BOB SETTLEMENT OP PARTXEKSIIIP ACCOUNTS.] Appeal from the Chancery Court at Wetumpka. Heard before the Hon. James B. Clahe. The original bill in this case was filed on the 25th of April, 1848, by B. H. Spyker, as administrator of Jonathan Spyker, deceased, against Joseph H. Bradford; and sought a settlement of the partnership accounts of a mercantile firm which had existed, in the city of Montgomery, between said Jonathan Spyker and said Bradford. The partnership was formed in December, 1833, and was dissolved about the 1st January, 1836, when the stock of goods remaining on…
1Opinion of the CourtWalker, J.
By the act of 1802, six years is made the period of limitation to actions of account. — Clay’s Bigest, 326, § 78. Courts of law have, through the action of account, concurrent jurisdiction with courts of chancery over a partnership account, though the remedy has fallen into disuse. — Atwater v. Fowler, 1 Edw. Ch. R. 417; Collyer on Partnership, book III, § 4, page 372, § 298, note 1; Duncan v. Lyon, 3 John. Ch. 360. Where the jurisdiction of the chancery court is concurrent with that of a court of law, the statute of limitations governing the legal action applies. — Crocker v. Clements, 23…
2Cases cited22 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
- Sands v. GelstonNew York Supreme Court · 1818
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Johnson v. JohnsonSupreme Court of Alabama · 1843
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- Wood & Selick, Inc. v. Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1930
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