Hammond v. Hammond
Supreme Court of Georgia
In Equity, in Monroe Superior Court. Decided by Judge Starke, August Term, 1855. This bill was filed in January, 1853, and charged, that in 1832 complainant and defendant entered into partnership together, in Ruckersville, Ga. under the name and stylo of A. & A. W. Hammond, in the business of merchandize; that by the terms of partnership they were to share equally in profits and losses ; that they commenced business on a stock of $20.000 and continued about eight years,…
Read the full summary
In Equity, in Monroe Superior Court. Decided by Judge Starke, August Term, 1855. This bill was filed in January, 1853, and charged, that in 1832 complainant and defendant entered into partnership together, in Ruckersville, Ga. under the name and stylo of A. & A. W. Hammond, in the business of merchandize; that by the terms of partnership they were to share equally in profits and losses ; that they commenced business on a stock of $20.000 and continued about eight years, during which time they purchased stock to the amount of about $20.000 per annum, which was sold at a clear profit of about…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
One of the grcunds of the demurrer was, that the bill was barred by the Statute of Limitations; another was, that the bill was barred by the principles of equity relating to stale demands. These two were the only grounds insisted upon in the argument before this Court.
It is very doubtful whether a suit by one partner in a mercantile partnership against the other partners, for an account, is within the Statute of Limitations at all; whether it is not rather within the exception of the Statute — an exception which includes all “ such accounts as…
2Cited by12 opinions
- Gilmore v. . HamNew York Court of Appeals · 1894
- Baker v. . BrownSupreme Court of North Carolina · 1909
- Prentice v. ElliottSupreme Court of Georgia · 1883
- Purvis v. JohnsonSupreme Court of Georgia · 1927
- Powell v. PowellSupreme Court of Georgia · 1931
7 more not listed; retrieve them via the Exa API.