McClung v. Capehart
Supreme Court of Minnesota
This was an action for an accounting between partners, instituted in October, 1871. The defendant pleaded, inter alia, “that no moneys in any manner connected with or relating to the copartnership have been collected by him within six years before the commencement of this- action, and not since the month of October, 1863. The defendant hereby pleads the statute of limitations in bar of all actions, causes of action, claims and demands whatever, legal or equitable, connected…
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This was an action for an accounting between partners, instituted in October, 1871. The defendant pleaded, inter alia, “that no moneys in any manner connected with or relating to the copartnership have been collected by him within six years before the commencement of this- action, and not since the month of October, 1863. The defendant hereby pleads the statute of limitations in bar of all actions, causes of action, claims and demands whatever, legal or equitable, connected with, growing out of, or in any manner pertaining to, said copartnership, or sought in that action, wherefore defendant…
1Opinion of the CourtGhiExllan, C. J.
As the facts are found by the court below, the parties were copartners in business as attorneys and counselors at law, for a period ending March, 1860, when the partnership was by mutual consent dissolved. After the dissolution, the defendant collected and received various sums of money belonging to the firm, the last of which was received by him in October, 1863. There never was any accounting or settlement .between the partners. The plaintiff demanded *19such accounting and settlement in 1868, and defendant refused.
This suit was brought in October, 1871, for an accounting and settlement, and…
2Cases cited1 opinion
- Cooper v. BreckenridgeSupreme Court of Minnesota · 1866
3Cited by8 opinions
- Hanna v. McLaughlinIndiana Supreme Court · 1902
- Jones v. HammondSupreme Court of Minnesota · 1926
- Edgerton v. Armour & Co.District Court, S.D. California · 1950
- Graham v. SchoolerSupreme Court of Oklahoma · 1921
- Aab v. SchonlauSupreme Court of Minnesota · 1931
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