Arruda v. Vincent

The defendants have appealed from a final decree of the Superior Court which establishes the dollar amount of their liability to the plaintiff for his share of the assets of a family partnership. The plaintiff withdrew from the partnership in 1951 but delayed until the end of 1971 to file the present bill for an accounting. 1. The defendants’ principal argument before us is that such a delay necessarily amounted to laches (which was pleaded) because it extended beyond the period of the statute of limitations (which was not pleaded). We do not believe the law supports any such contention.…