Legal Opinion

Ross's Ex'or v. M'Lauchlan's Adm'r

Supreme Court of Virginia

Decided May 14, 1850PublishedCited by 5 opinions

In 1783 a partnership was entered into by David Ross and Duncan M’Lauchlan, for carrj’ing on a country store at the Point of Forks, now Columbia, in the county of Fluvanna. In this partnership David Ross was to be interested two thirds, and M’Lauchlan one third; and M’Lauchlan was the acting partner in conducting the business. This partnership was renewed and continued until 1794, when it was finally dissolved.

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In 1783 a partnership was entered into by David Ross and Duncan M’Lauchlan, for carrj’ing on a country store at the Point of Forks, now Columbia, in the county of Fluvanna. In this partnership David Ross was to be interested two thirds, and M’Lauchlan one third; and M’Lauchlan was the acting partner in conducting the business. This partnership was renewed and continued until 1794, when it was finally dissolved. M’Lauchlan continued to carry on business at the same place on his own account, and was employed in winding up the affairs of the partnership. In 1802, the partners not having had a…

1Opinion of the CourtAUIvFN, J.

The Court is of opinion, that in the statement A, referred to and adopted as the basis of the decree in the first of said suits, the Circuit Superior court erred.in allowing as credits to reduce the amount of the debt due from Duncan M’Uauchlan to David Ross, the sum of £ 78. 6. 1. for commissions on two thirds of good debts, and also the sum of £ 42. 13. 6%. short credit for interest on the hires of slaves: and, therefore, there was error in reducing the amount of each bond' from the sum of £ 603. 9. 8%. to £ 573. 4. 9%., and making such reduced amount of the bonds the basis of calculations.…

2Cited by5 opinions

  1. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  2. Harner v. PriceWest Virginia Supreme Court · 1880
  3. Norris v. BeatyWest Virginia Supreme Court · 1873
  4. Hall v. GrahamSupreme Court of Virginia · 1911
  5. Southern Railway Co. v. Glenn's AdministratorSupreme Court of Virginia · 1904

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