King v. White & Hammond
Supreme Court of Vermont
This was a bill in equity, for an accounting. Heard upon the pleadings, a master’s report and exceptions thereto, at the December term, 1889, Windsor county. Taft, Chancellor, decreed, pro forma, that the orators recover eighteen hundred twenty dollars and their costs. The defendants appeal. The case fully appears in the opinion. The master reports that the partnership books were not correct. The fact that they appear to be is immaterial.
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This was a bill in equity, for an accounting. Heard upon the pleadings, a master’s report and exceptions thereto, at the December term, 1889, Windsor county. Taft, Chancellor, decreed, pro forma, that the orators recover eighteen hundred twenty dollars and their costs. The defendants appeal. The case fully appears in the opinion. The master reports that the partnership books were not correct. The fact that they appear to be is immaterial. Merriam v. Barton, 14 Yt. 501; Mott v. Hamrmgton, 15 Yt. 185; E. L. ss. 701, 728. The books are not conclusive. They are simply evidence. Caldwell v.…
1Opinion of the Court
The opinion of the court was delivered by
TYLER, J.
The bill alleges a large indebtedness from Harlow’s estate to the orators and prays for a general accounting. The answer avers that Harlow in his lifetime accounted to the orators for all received by him on account of the *162ship and paid over to them the amounts respectively their due, that the orators received and accepted the same and never thereafter made claim to the contrary until long after Harlow’s death.
The master reports that a co-partnership was formed between the orators and Hiram Harlow, August 1, 1875, and terminated by a sale of…
2Cases cited9 opinions
- Badger v. BadgerSupreme Court of the United States · 1865
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- McKnight v. TaylorSupreme Court of the United States · 1843
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- Bell v. HudsonCalifornia Supreme Court · 1887
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3Cited by9 opinions
- Powers v. Trustees of Caledonia County Grammar SchoolSupreme Court of Vermont · 1919
- Ryder v. DonovanMassachusetts Supreme Judicial Court · 1933
- Drake v. WildSupreme Court of Vermont · 1893
- Ward v. LymanSupreme Court of Vermont · 1937
- Drake v. WildSupreme Court of Vermont · 1896
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