Legal Opinion

Ivinson v. Hutton

Supreme Court of the United States

Decided November 18, 1878No. 64PublishedCited by 39 opinions

Appeal from the Supreme Court of the Territory of Wyoming. The facts are stated in the opinion of the court.

1Opinion of the CourtJustice Clieeobd

Except in an action of account, which is almost obsolete, it is a general rule that between partners, whether they are so in general or for a particular transaction only, no account can be taken at law. Worrall v. Grayson, 1 Mee, & W. 168 ; 1 Collyer, Partnership (6th ed.), 339.

Owing to the ability of courts of equity not only to investí gate complicated accounts, but also to compel the specific performance of agreements, and to reform or rescind the same, in case of fraud or mistake, and to restrain breaches of duty for the future, it is to them rather than courts of law that partners…

2Cases cited6 opinions

  1. Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
  2. Hunt v. RhodesSupreme Court of the United States · 1828
  3. Insurance Co. v. BaileySupreme Court of the United States · 1871
  4. Rhode Island v. MassachusettsSupreme Court of the United States · 1841
  5. Daniel v. MitchellU.S. Circuit Court for the District of Maine · 1840

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3Cited by39 opinions

  1. Theophelis v. Lansing General HospitalMichigan Supreme Court · 1988
  2. Columbian Nat. Life Ins. Co. v. BlackCourt of Appeals for the Tenth Circuit · 1929
  3. Amara v. CIGNA Corp.Court of Appeals for the Second Circuit · 2014
  4. Oneida Indian Nation v. County of OneidaCourt of Appeals for the Second Circuit · 2010
  5. Johnson v. FrankDistrict Court, S.D. New York · 1993

34 more not listed; retrieve them via the Exa API.

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