Pendleton v. Beyer
Wisconsin Supreme Court
Appeal from an order of the circuit court for Fond du Lac county: N. S. G-ilsoN, Circuit Judge. The action is brought for the settlement of the accounts of a partnership which has already been dissolved. It is not stated whether there are any firm creditors. The plaintiff alleges that on settlement there will be found a large sum due him. He demands judgment for the recovery of such sum as niay be found due him on such settlement.
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Appeal from an order of the circuit court for Fond du Lac county: N. S. G-ilsoN, Circuit Judge. The action is brought for the settlement of the accounts of a partnership which has already been dissolved. It is not stated whether there are any firm creditors. The plaintiff alleges that on settlement there will be found a large sum due him. He demands judgment for the recovery of such sum as niay be found due him on such settlement. The answer denies that anything will be found due the plaintiff on settlement, and alleges that plaintiff is insolvent, and sets up by way of counterclaim several…
1Opinion of the CourtNewman, J.
This case is anomalous. Strictly speaking and in the ordinary sense of the word, the plaintiff has no claim to enforce against his copartners or either of them. If the defendants owe anything, they owe it to the partnership and not to the plaintiff. If anything is due from them, it is due to the partnership and not to the plaintiff. Sprout v. Crowley, 30 Wis. 187; Smith v. Diamond, 86 Wis. 359. Hence the plaintiff has, strictly, no claim against the defendants, or either of them. The credits of the firm are to be collected and applied to the payment of its debts, and the residue, if any, is…
2Cases cited11 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Gay v. GayNew York Court of Chancery · 1843
- Sprout v. CrowleyWisconsin Supreme Court · 1872
- Body v. JewsenWisconsin Supreme Court · 1873
- Jones v. PieningWisconsin Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
- Piotrowski v. CzerwinskiWisconsin Supreme Court · 1909
- Momsen v. NoyesWisconsin Supreme Court · 1900
- Blakely v. SmockWisconsin Supreme Court · 1897
- Gebhardt v. HolmesWisconsin Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.