Holladay v. Elliott
Oregon Supreme Court
Appeal from Marion County. This is a suit begun November 5, 1869, for a dissolution and settlement of a copartnership. The case was referred to a referee to report findings of fact and conclusions of law, and upon his report a decree was rendered, in the circuit court, in favor of the respondents, dissolving and settling the copartnership. Erom that decree, the defendant, Simeon G. Elliott, brings this appeal.
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Appeal from Marion County. This is a suit begun November 5, 1869, for a dissolution and settlement of a copartnership. The case was referred to a referee to report findings of fact and conclusions of law, and upon his report a decree was rendered, in the circuit court, in favor of the respondents, dissolving and settling the copartnership. Erom that decree, the defendant, Simeon G. Elliott, brings this appeal. The facts in the case are substantially as follows: On or about the twenty-second day of April, 1867, a corporation was formed under the general incorporation laws of this state, under…
1Opinion of the Court
By the Court,
Kelly, C. J.:
The complaint abounds in charges of false and fraudulent representations alleged to have been made by the appellant to tbe respondents, to induce them to enter into the copartnership of Ben Holladay & Co. These are all denied by the appellant in his answer; and while he sets forth no counter allegations of fraud in the answer, yet he insists that the evidence in the cause establishes the fact that the respondents fraudulently entered into that copartnership, with the sole object of taking from him a large amount of valuable property which he then possessed in the…
2Cases cited1 opinion
- Fogg v. JohnstonSupreme Court of Alabama · 1855
3Cited by6 opinions
- Temple Enterprises, Inc. v. CombsOregon Supreme Court · 1940
- Hartford Ins. v. Central R. R.Oregon Supreme Court · 1914
- Goodale Lumber Co. v. ShawOregon Supreme Court · 1902
- Strang v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1917
- Waite v. AbornAppellate Division of the Supreme Court of the State of New York · 1901
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