Ross v. Cornell
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Mendocino. The complaint averred that plaintiffs were, and since March 29th, 1869, had been partners in the manufacture and sale of lumber, and that plaintiff Ross and defendant Cornell, on the 4th day of January, 1867, formed a partnership in the same business, and that July 18th, 1867, they admitted plaintiff Francis into the firm, with the agreement that his interest and liability should relate…
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Appeal from the District Court of the Seventh Judicial District, County of Mendocino. The complaint averred that plaintiffs were, and since March 29th, 1869, had been partners in the manufacture and sale of lumber, and that plaintiff Ross and defendant Cornell, on the 4th day of January, 1867, formed a partnership in the same business, and that July 18th, 1867, they admitted plaintiff Francis into the firm, with the agreement that his interest and liability should relate back to the day the partnership was formed; and that, on the 26th of March, 1869, defendant Cornell, with the consent of…
1Opinion of the Court
By the Court:
Upon looking into the record we are of opinion that the action cannot be maintained. The accounts of the copartnership in which the defendant and the plaintiffs had been concerned for some two years, do not appear to have been settled and a final balance ascertained—certainly not within the rule which permits a suit at law for the recovery of such balance. The complaint itself sets forth several matters which appear to be yet unsettled: the sale of the interest of the defendant in the sawed lumber, by the plaintiffs; the. expenses attending the sale of the same; the amount raised…
2Cited by18 opinions
- Cobb v. MartinSupreme Court of Oklahoma · 1912
- Cooper v. Industrial Accident CommissionCalifornia Supreme Court · 1918
- Dukes v. KelloggCalifornia Supreme Court · 1900
- Walsh v. MckeenCalifornia Supreme Court · 1888
- Freeman v. DonohoeCalifornia Court of Appeal · 1923
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