Dowling v. Clarke
This text of 13 R.I. 650 (Dowling v. Clarke) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is, as denominated in the writ and the declaration, “ an action of the case in the nature of an action of account.” The defendant demurs and con-. tends that there is neither law nor precedent for it. We think it is anomalous. It is not maintainable as Case, for it demands an account which it is not the province of Case to enforce, at least as between copartners. It is not maintainable as Account, for it was begun and has been declared on as Case. And it cannot be converted into Account by amendment, for that would make it another action. Wilcox v. Sherman, 2 R. I. 540; Thayer v. Farrell, 11 R. I. 305. The demurrer must be sustained, and judgment given for defendant for costs. Demurrer sustained.
Note.— See Dowling v. Clarke, ante, p. 134.
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13 R.I. 650, 1882 R.I. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dowling-v-clarke-ri-1882.