Legal Opinion

Loesser v. Loesser

Court of Appeals of Kentucky

Decided May 8, 1883PublishedCited by 6 opinions

Case 23 — EQUITY APPEAL EROM DAVIESS CIRCUIT COURT. 1. The fraud averred is, that appellee had made sales and collected from purchasers the money of the firm; that he falsely represented the amount of sales and collections, and had caused false reports to go upon the books of the firm, showing that the partnership sustained a loss, when, upon a true showing of the actual sales and collections, the firm had made large profits, to one half of which appellant is entitled; that…

Read the full summary

Case 23 — EQUITY APPEAL EROM DAVIESS CIRCUIT COURT. 1. The fraud averred is, that appellee had made sales and collected from purchasers the money of the firm; that he falsely represented the amount of sales and collections, and had caused false reports to go upon the books of the firm, showing that the partnership sustained a loss, when, upon a true showing of the actual sales and collections, the firm had made large profits, to one half of which appellant is entitled; that he did not know in what particular transaction, or with whom the transactions occurred, which were thus concealed. 2.…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion of tiie court.

The principal cause of complaint in this case is, that the chancellor refused to permit the case to go to the commissioner for a settlement of the partnership accounts.

The appellant, Loesser, and the appellee, Loesser, were partners, engaged in buying and selling hides, wool, rags, jeans, and other merchandise, from February, 1875, until March, 1877. When the partnership was dissolved, the two partners had the partnership books before them, and made a settlement of their accounts as partners, showing a loss on the amount invested by the appellant…

2Cases cited1 opinion

  1. Breckinridge v. TaylorCourt of Appeals of Kentucky · 1837

3Cited by6 opinions

  1. Colton v. StanfordCalifornia Supreme Court · 1890
  2. Hays Creek Coal Co. v. Eagle Coal Co.Court of Appeals of Kentucky · 1916
  3. Lyons v. Breckinridge County CourtCourt of Appeals of Kentucky · 1897
  4. New Madrid Realty & Investment Co. v. KirbyCourt of Appeals of Kentucky (pre-1976) · 1928
  5. Shipp Ex Rel. Fayette County v. RodesCourt of Appeals of Kentucky (pre-1976) · 1927

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API