Burke v. Fuller

The opinion of the Court was delivered by

McEnery, J.

James L. Burke and J. C. Puller formed a co-partnership to carry on the business of undertakers and dealers in furniture —Burke to furnish $1000, and Puller $2000. Burke died September 13, 1886. During his life time there were settlements between him and Iris partner, Puller, the last in June, 1886.

As the affairs of this partnership are to he learned from the acts of the irarties, it is presumed the last settlement included all the differences between them up to that time.

There must be clear proof of some omission of an item or items from…