Rosseau v. Falkener

Court of Appeals of Kentucky

Rosseau v. Falkener

5 Ky. Op. 255, 1871 Ky. LEXIS 359

DecidedOctober 30, 1871

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This text of 5 Ky. Op. 255 (Rosseau v. Falkener) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rosseau v. Falkener, 5 Ky. Op. 255, 1871 Ky. LEXIS 359 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Pryor:

The Commissioner in his report made on the 21st of May, 1868, shows that the appellant had paid in as capital stock in the Mill adventure, the sum of $2,244.90. This report seems to be correct in determining the amount of money paid in as stock by each one of the partners: The court below in the judgment rendered, only credits appellant for capital stock by the sum of $2,042.61, making an error as against appellant for $202.33. By the terms of the partnership each partner was to contribute equally to the capital stock — that is, each partner was to pay in equal amounts. The appellant paid in some $680 more money than the other partners and on this amount should have been allowed interest. For these errors only the judgment is reversed and the cause remanded for further proceedings in conformity with this opinion.

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Opinion by

Judge Pryor:

The Commissioner in his report made on the 21st of May, 1868, shows that the appellant had paid in as capital stock in the Mill adventure, the sum of $2,244.90. This report seems to be correct in determining the amount of money paid in as stock by each one of the partners: The court below in the judgment rendered, only credits appellant for capital stock by the sum of $2,042.61, making an error as against appellant for $202.33. By the terms of the partnership each partner was to contribute equally to the capital stock — that is, each partner was to pay in equal amounts. The appellant paid in some $680 more money than the other partners and on this amount should have been allowed interest. For these errors only the judgment is reversed and the cause remanded for further proceedings in conformity with this opinion.

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Bluebook (online)

5 Ky. Op. 255, 1871 Ky. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosseau-v-falkener-kyctapp-1871.