Burbank v. Oglesby

Supreme Court of Louisiana

Burbank v. Oglesby

35 La. Ann. 1201

CourtSupreme Court of Louisiana

DecidedJuly 1, 1883

DocketNo. 8059

StatusPublished

This text of 35 La. Ann. 1201 (Burbank v. Oglesby) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burbank v. Oglesby, 35 La. Ann. 1201 (La. 1883).

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Opinion

A commercial partner cannot sue upon a particular item of the partnership business, but must provoke a settlement of the entire partnership and sue for the balance on account. Prescription therefore does not commence to run, until the dissolution of the firm.

All matters that are fairly chargeable to the partnership, and that were undertaken for its account, will be so held and charged, and the acquiesence in'and non-complaint of them during the existence of the partnership, will be considered as corroborating proof, that both partners so understood them.

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A commercial partner cannot sue upon a particular item of the partnership business, but must provoke a settlement of the entire partnership and sue for the balance on account. Prescription therefore does not commence to run, until the dissolution of the firm.

All matters that are fairly chargeable to the partnership, and that were undertaken for its account, will be so held and charged, and the acquiesence in'and non-complaint of them during the existence of the partnership, will be considered as corroborating proof, that both partners so understood them.

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Bluebook (online)

35 La. Ann. 1201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burbank-v-oglesby-la-1883.