Moore v. Wheeler
West Virginia Supreme Court
Appeal from, and supersedeas to, decree of the circuit court of Kanawha county, rendered on the 24th day of June, 1874, in a cause then pending in said court, wherein Joseph Moore was plaintiff, and S. C. Wheeler was defendant. The appeal was granted upon the petition of the defendant, S. C. Wheeler. The case is sufficiently stated in the opinion of Hay-mond, Judge. The Hon. Joseph Smith, Judge of the seventh judicial circuit, presided at the hearing below.
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Appeal from, and supersedeas to, decree of the circuit court of Kanawha county, rendered on the 24th day of June, 1874, in a cause then pending in said court, wherein Joseph Moore was plaintiff, and S. C. Wheeler was defendant. The appeal was granted upon the petition of the defendant, S. C. Wheeler. The case is sufficiently stated in the opinion of Hay-mond, Judge. The Hon. Joseph Smith, Judge of the seventh judicial circuit, presided at the hearing below. No partner has any remedy against another partner until there has been a full and final settlement of the partnership business. Advances…
1Opinion of the Court
Haymond, Judge :
In October, 1873, the plaintiff filed his bill in the circuit court of the county of Kanawha, in which he alleges that he entered into a partnership with the defénd-ant, on the 22d day of May, 1872, by the terms of which the plaintiff was to cut, saw and raft timber on Coal river and its tributaries for the Chesapeake and Ohio railroad, the defendant to pay an equal portion of the necessary expenses, and the profits were to be divided between plaintiff and defendant. That they continued the business, and had regular settlements until the last of January, 1873, when they had a…
2Cases cited1 opinion
- Honore v. ColmesnilCourt of Appeals of Kentucky · 1838
3Cited by18 opinions
- Goff v. PriceWest Virginia Supreme Court · 1896
- State v. StowersWest Virginia Supreme Court · 1909
- Smith v. TurleyWest Virginia Supreme Court · 1889
- Cochran v. ParisSupreme Court of Virginia · 1854
- Foutty v. PoarWest Virginia Supreme Court · 1891
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