King v. . Winants
Supreme Court of North Carolina
Civil aotioh for the dissolution of a co-partnership, for an account and the appointment of a receiver, and in the meantime for an injunction, restraining the defendant from receiving moneys due the co-partnership, heard before Bussell, J., at Spring Term, 1874, of New Haktovee Superior Court.
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Civil aotioh for the dissolution of a co-partnership, for an account and the appointment of a receiver, and in the meantime for an injunction, restraining the defendant from receiving moneys due the co-partnership, heard before Bussell, J., at Spring Term, 1874, of New Haktovee Superior Court. It was referred to a referee, who after finding certain facts, reported as his conclusion, that the parties were never at any time partners inter se, whatever may have been their status as to third persons. And that the agreement between the parties, was in fraud of the city of Wilmington, illegal and…
1Opinion of the Court
RODMAN, J., dissenting It was referred to a referee, who after finding certain facts, reported as his conclusion, that the parties were never at any time partners interse, whatever may have been their status as to third person. And that the agreement between the parties, was in fraud of the city of Wilmington, illegal and void, and both parties being in pari delicto, no Court would lend its aid to either to enforce the contract in this case, to compel an account.
The plaintiff excepted to the report of the referee, and his Honor, on the trial below, sustained some of his exceptions, adjudging,…
2Cases cited5 opinions
- Blythe v. . LovinggoodSupreme Court of North Carolina · 1841
- Sharp, Admr. v. . FarmerSupreme Court of North Carolina · 1838
- Ingram v. . IngramSupreme Court of North Carolina · 1856
- Whitaker v. . BondSupreme Court of North Carolina · 1869
- McRae v. Atlantic & North Carolina Rail RoadSupreme Court of North Carolina · 1860
3Cited by36 opinions
- Wise v. RadisCalifornia Court of Appeal · 1925
- Edwards v. Goldsboro.Supreme Court of North Carolina · 1906
- Price v. . EdwardsSupreme Court of North Carolina · 1919
- McManus v. FultonMontana Supreme Court · 1929
- York v. . MerrittSupreme Court of North Carolina · 1877
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