Dowling v. Clarke
Supreme Court of Rhode Island
Trespass on the Case. On demurrer to the declaration. In this action the plaintiff in his writ summoned the defendant “ in an action of the case in the nature of account, for that the defendant has not accounted to the plaintiff as his copartner.”
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Trespass on the Case. On demurrer to the declaration. In this action the plaintiff in his writ summoned the defendant “ in an action of the case in the nature of account, for that the defendant has not accounted to the plaintiff as his copartner.” The declaration is as follows: “ John E. Dowling, of the city and County of Newport, complains of Isaac Clarke, of the city and County of Newport aforesaid, duly held to answer to the plaintiff in an action of the case in the nature of an action of account, for that the plaintiff and the defendant were heretofore copartners and entered into articles…
1Per curiam
This is, as denominated in the writ and the declaration, “ an action of the case in the nature of an action of account.” The defendant demurs and con-. tends that there is neither law nor precedent for it. We think it is anomalous. It is not maintainable as Case, for it demands an account which it is not the province of Case to enforce, at least as between copartners. It is not maintainable as Account, for it was begun and has been declared on as Case. And it cannot be converted into Account by amendment, for that would make it another action. Wilcox v. Sherman, 2 R. I. 540; Thayer v.…
2Cited by1 opinion
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