Lord v. Peaks
Nebraska Supreme Court
Error from the district court of Madison county. Tried below before Powers, J. A statement of the case appears in the opinion. Where the dealings between two partners embrace but few transactions which do not make a settlement difficult, one partner may maintain an action at law against the other to recover money.
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Error from the district court of Madison county. Tried below before Powers, J. A statement of the case appears in the opinion. Where the dealings between two partners embrace but few transactions which do not make a settlement difficult, one partner may maintain an action at law against the other to recover money. (Wheeler v. Arnold, 30 Mich., 304; Musier v. Trumpbour, 5 Wend. [N. Y.], 274; Currier v. Rowe, 46 N. H., 72; Pettingill v. Jones, 28 Kan., 749; Wells v. Carpenter, 65 111., 447; Clarke v. Mills, 13 Pac. Rep. [Kan.], 569.) During the existence of a partnership, or even after its…
1Opinion of the CourtNorval, C. J.
Plaintiff in error was plaintiff in the court below. The action is one at law, by one partner against his copartner, to recover moneys alleged to be due him on account of partnership business. The petition filed in the court below alleges:
“1. That on or about February 15, 1885, plaintiff and defendant entered into partnership for the purpose of dealing in lumber at retail, which partnership continued until dissolved by mutual consent on or about October 31, 1889.
“2. That it was mutually understood and agreed by and between plaintiff and defendant that each was to devote his whole time to the…
2Cases cited3 opinions
- Kruschke v. StefanWisconsin Supreme Court · 1892
- Younglove v. LiebhardtNebraska Supreme Court · 1882
- Stanberry v. CattellSupreme Court of Iowa · 1881
3Cited by5 opinions
- Mullikin v. PedersenNebraska Supreme Court · 1955
- Glade v. WhiteNebraska Supreme Court · 1894
- Sanley v. DaviesNebraska Supreme Court · 1925
- Dorwart v. HallNebraska Supreme Court · 1904
- Halleck v. StreeterNebraska Supreme Court · 1897