Legal Opinion

Dunham v. Presby

Massachusetts Supreme Judicial Court

Decided May 6, 1876PublishedCited by 18 opinions

Bill nr equity for a settlement of the affairs of a partnership. An argument was had upon the questions made by the pleadings in March 1874, by Q. F. Homer, for the plaintiff; W. Colburn, for the defendant Presby; and W. Graston, for F. W. Bird, another defendant; and in March 1876, upon the suggestion of the court, upon the question of the legality of the transactions between the partners, as appearing upon the master’s report, by the same counsel, except that JE.

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Bill nr equity for a settlement of the affairs of a partnership. An argument was had upon the questions made by the pleadings in March 1874, by Q. F. Homer, for the plaintiff; W. Colburn, for the defendant Presby; and W. Graston, for F. W. Bird, another defendant; and in March 1876, upon the suggestion of the court, upon the question of the legality of the transactions between the partners, as appearing upon the master’s report, by the same counsel, except that JE. C. Bumpus appeared in the place of W. Colburn for the defendant Presby. The case is stated in the opinion.

1Opinion of the CourtEndicott, J.

It appears from the bill, answers and report of the master that in April 1864 the plaintiff with the three defendants entered into a partnership to hire á store at Norfolk, Virginia, and carry on a wholesale and retail trade in such goods as would command a ready sale. Each partner was to contribute fifteen hundred dollars to the capital stock, and share equally in the profits and losses of the business. The defendant Presby was to have the control and management of the business at Norfolk, the others continuing to reside in Massachusetts, and it is to be presumed, from a settlement…

2Cases cited3 opinions

  1. Armstrong v. TolerSupreme Court of the United States · 1826
  2. Cardoze v. SwiftMassachusetts Supreme Judicial Court · 1873
  3. McKee v. United StatesSupreme Court of the United States · 1869

3Cited by18 opinions

  1. O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
  2. Bentley v. TibbalsCourt of Appeals for the Second Circuit · 1915
  3. Claflin v. United States Credit System Co.Massachusetts Supreme Judicial Court · 1896
  4. Gest v. GestSupreme Court of Connecticut · 1933
  5. Goodwin v. Massachusetts Loan & Trust Co.Massachusetts Supreme Judicial Court · 1890

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