Legal Opinion

Bennett v. Luby

Wisconsin Supreme Court

Decided November 29, 1901PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Dane county: R. Gr. Siebeckee, Circuit Judge. This is an action in equity, commenced in the circuit court for Rock county, to dissolve a partnership and close up the business thereof.

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Appeal from a judgment of the circuit court for Dane county: R. Gr. Siebeckee, Circuit Judge. This is an action in equity, commenced in the circuit court for Rock county, to dissolve a partnership and close up the business thereof. The plaintiff and one Cram went into the boot and shoe business in Janesville in April, 1896, as copartners, under the name of Bennett & Cram, and conducted said business until March 26, 1897, when the defendant, Luby, who had been a clerk for the firm, bought out Cram’s half interest for '$3,400, and the business was thereafter conducted under the name of Bennett…

1Opinion of the CourtWinslow, J.

The judgment in this case is certainly anomalous. The action was brought to dissolve a partnership, close up its business, settle the accounts, pay its debts, and divide the net proceeds. Both the complaint and the answer-prayed for this relief. The judgment does not dissolve the partnership; does not settle the mutual accounts, nor even refer to them; does not dispose of the residue of firm assets, in the hands of the receiver; and adjudges nothing except, that the defendant is entitled to have an entry on the books, canceled, and to receive back some money and a note which he gave the…

2Cases cited1 opinion

  1. Rochester Machine Tool Works v. WeissWisconsin Supreme Court · 1901

3Cited by5 opinions

  1. American National Bank v. HellingSupreme Court of Minnesota · 1925
  2. Coon v. MetzlerWisconsin Supreme Court · 1915
  3. Price v. Bank of PoynetteWisconsin Supreme Court · 1910
  4. Tanner v. WestSupreme Court of Missouri · 1936
  5. Mississippi Valley Trust Co. v. BegleySupreme Court of Missouri · 1925

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