Lockhart v. Lytle
Lockhart v. Lytle
Opinion of the Court
The petition seeks to recover contribution for certain expenditures of money and labor by a partner, for the use of the partnership, without going into a settlement of the partnership accounts; and the authorities are that such a suit cannot be maintained, at least not without showing a special agreement, or a separation of the transaction from partnership accounts. (Collyer on Partnership, sec. 284; Parsons on Partnership, 286; 1 Story’s Eq., sec. 664.)
Further, if the petition be held to state a cause of action, it shows an indebtedness accruing more than two years before suit brought, and the exception setting up the defense of limitation was properly sustained.
The averments of the petition do not show a partnership
Thé judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- W. A. Lockhart v. Sam Lytle
- Cited By
- 15 cases
- Status
- Published
- Syllabus
- 1. Partnership expenses.—An action for contribution of expenditures incurred by a partner for the use of the partnership, without going into a settlement of the partnership accounts, cannot be maintained, at least, without a special agreement, or a separation of the transaction from the partnership accounts. 2. Partnership—Limitation.—A petition by one- partner, alleging the proposed duration of a partnership,, but showing that the matters passed into the hands of a receiver before the close of the agreed term, and seeking recovery against another partner, on partnership account, and filed more than two years after the date the partnership matters passed into the hands of the receiver, will be held barred by limitation.