Babcock v. Hermance

Headnote

Action for dissolution of a co-partnership and an accounting (decided principally upon the facts.)

The complaint alleged that the defendant abandoned the co-partnership business, and that thereby the co-partnership was dissolved as to the further prosecution of the business. Defendant claimed that complaint showed a dissolution before the commencement of the action, and that a decree dissolving it was error. Held, that, conceding defendant’s construction of complaint, this action was an appropriate remedy for a final adjustment of the partnership concerns; that the clause in the decree dissolving, could by no possibility harm defendant, and was no ground for reversal.