Borah v. O'Niell

Citations

• 116 La. 672
• 41 So. 29
• 1906 La. LEXIS 549

Syllabus

<p>1. Partnership—Suit to Dissolve—Pleading.</p> <p>A petition which alleges a partnership, and alleges good reasons why it should be dissolved, and alleges that it should be liquidated, and alleges that the defendant partner owes the petitioners certain specific debts by reason of his failure to contribute his share of the expenses of the partnership, and prays that the partnership be dissolved, and prays judgment against the defendant partner for the specific debts, “or, in the event that the court should fail to find that these specific amounts are due, then for a judgment for whatever amount the court may find to be due, and further prays for such other and further remedy and relief as the nature of the case may require and law and equity permit,” shows a cause of action.</p> <p>[Ed. Note.—For cases in point, see vol. 38, Cent. Dig. Partnership, §§ 769-771.]</p> <p>2. Same—Nature oe Petition.</p> <p>An allegation in such a petition referring to certain debts as having accrued after the dissolution of the partnership, and reserving the right to recover these debts in another proceeding, does not change the nature of the petition as one in settlement of partnership.</p> <p>3. Same—Dissolution.</p> <p>A partnership for the cultivation of a plantation is dissolved by the seizure of an undivided interest in the plantation, whereby the partnership is deprived of the- control of the plantation.</p> <p>[Ed. Note.—For cases in point, see vol. 38, Cent. Dig. Partnership, §§ 608, 614-616.]</p> <p>(Syllabus by the Court.)</p>