Arnold v. Wainwright
Supreme Court of Minnesota
APPEAL EROM THE DISTRICT COURT OE NICOLLET COUNTST. This was an appeal from an order overruling a motion for judgment on the pleadings made by the Defendants in the Court below. The Aj>pellants’ points disclose the grounds of the motion for judgment. Points and Authorities of Appellant.
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APPEAL EROM THE DISTRICT COURT OE NICOLLET COUNTST. This was an appeal from an order overruling a motion for judgment on the pleadings made by the Defendants in the Court below. The Aj>pellants’ points disclose the grounds of the motion for judgment. Points and Authorities of Appellant. V. — All the rights and interests which the Plaintiff claims in the premises described in the complaint, adverse to the rights and equities • of these Defendants respectively therein; rest upon an alleged oral contract of partnership, which, so •far as it affects the title to the said real estate, is void by…
1Opinion of the Court
By the Court
Flandrau J.
— This Court has on several occasions been called upon to decide questions involving the rights and interests of partners in the partnership effects, and we have always held that such interest is a share (limited by the articles of partnership) in the surplus remaining of the partnership property, after paying 'off all the debts of the partnership. Pease, Chalfant & Co. vs. Rush, Pratt et al., 2 Minn. R., 107; Moss vs. Pettingill, 3 Minn. R., 216; Harmon, Aiken & Gale vs. Schalck & Fenske, crate, page 265. Each partner has a lien upon the partnership property, to the…
2Cases cited1 opinion
- M'Dermot v. LaurenceSupreme Court of Pennsylvania · 1821
3Cited by18 opinions
- Logan v. LoganTexas Supreme Court · 1941
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Johnson v. HoganMichigan Supreme Court · 1909
- Minter v. MinterOregon Supreme Court · 1916
- Dayton Co. v. Carpet, Linoleum & Resilient Floor Decorators' UnionSupreme Court of Minnesota · 1949
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