Compton v. Thorn

Citations

• 90 Va. 653
• 19 S.E. 451
• 1894 Va. LEXIS 38

Syllabus

<p>1. Partnership — Dissolution—Contribution—Laches.—A surviving partner who, after his co-partner leaves the State, takes possession of the assets, which are ample to pay the firm’s indebtedness, and assumes control of the business, undertaking to close it up, and fails for thirty-four years to render any account, or make any claim against his co-partner or his estate for contribution for firm debts paid by him: held, precluded by his laches from claiming such contribution and subjecting his deceased partner’s lands, in the hands of his widow and children, to the payment of a share of such debts.</p> <p>2. Idem — Parties.—Where in such case there was a third partner, also deceased, equally liable for the firm debts, in a suit for contribution by the surviving partner, held, the administrator and heirs of such third partner should be parties.</p>