Green v. Stacy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chakles M. Webb, Circuit Judge. This action was brought to obtain a judgment for the dissolution of a partnership between the parties under the name- and style of W. H. Stacy, at Keshena, Wis., for the appointment of a receiver, the application of the firm property to the payment of its debts, and a division of the remainder between the parties according to their rights, and for general relief.
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Appeal from a judgment of the circuit court for Waupaca county: Chakles M. Webb, Circuit Judge. This action was brought to obtain a judgment for the dissolution of a partnership between the parties under the name- and style of W. H. Stacy, at Keshena, Wis., for the appointment of a receiver, the application of the firm property to the payment of its debts, and a division of the remainder between the parties according to their rights, and for general relief. The defendant denied the existence of the partnership, and alleged that the plaintiff was engaged October 25, 1888, to conduct and carry…
1Opinion of the CourtPinney, J.
1. The copartnership between the plaintiff and defendant was dissolved when the defendant sold out the stock of goods at Keshena belonging to the firm and terminated its business. As there was no agreement to the contrary, each partner had then a right to insist on a sale of' the partnership assets and that they be converted into-money, and neither had the right to have the partnership property or any portion of it divided in specie. The right to wind up its affairs — that is to say, to get in its credits, convert its assets into money, pay its debts, and divide the residue — belonged as much…
2Cases cited6 opinions
- Moore v. WheelerWest Virginia Supreme Court · 1877
- Johnson v. MantzSupreme Court of Iowa · 1886
- Decker v. TrillingWisconsin Supreme Court · 1869
- Carroll v. LittleWisconsin Supreme Court · 1889
- McGillvray v. MoserSupreme Court of Kansas · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. PutnamWisconsin Supreme Court · 1900
- Bagg v. OsbornSupreme Court of Minnesota · 1926
- Holt v. PetersCourt of Appeals of Tennessee · 1933
- Reinhardt v. ReinhardtAppellate Court of Illinois · 1933