Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 13-14

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 13-14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...after six years acquiescence, unexplained by circumstances, or countervailed by acknowledgment, decree an account between a surviving partner, and: the estate of a deceased partner," citing Barber 11. Barber, 18 Vesey 286. Ault '0. Goodrich, 4 Russell 430 and Bridges v. Mitchell, Gilbert's Eq. Rep. 224, and those cases 65 'were adhered to, notwithstanding the.remarks of Lord Brougham and the apparent grounds of the decision by the House of Lords in the case of Robin-son v. Alexander, 8 Bligh 352. ADAMS v. TAYLOR. VoL. 14 It is to be collected from the case of Ray v. Bogart, 2 John. Cases 432, that, assuming eleven years as the period of delay unaccounted for, after dissolution of a partnership, a bill seeking an examination and settlement of the accounts will be dismissed where the statute of limitations is not pleaded or insisted on in the answer, though Judge Kent, who diflered from a majority of the court oferrors, doubted whether the statute of limitations applies where there is a mutual trust as between partners, and if it did, he thought the defence is waived unless insisted on. The circumstance that the estate of a deceased partner is sought to be charged is one that may often influencea court of chancery in refusing relief, so far as that may depend upon discretion, because of the supposed inability of the representatives of the deceased partner, to contend on equal terms with the survivors and the statute of the State limiting claims against the estates of deceased persons, unless presented for probate and allowance within two years from the grant of letters, would no doubt havea material bearing upon cases of that description, where the statute of limitation has any application in chanceryBut the decisions are...
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Product details

  • Paperback | 508 pages
  • 189 x 246 x 26mm | 898g
  • United States
  • English
  • black & white illustrations
  • 1236760719
  • 9781236760715