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126 Mass. 304

Smith v. Everett

Massachusetts Supreme Judicial Court

Decided February 26, 1879

Massachusetts Supreme Judicial Court · decided 1879-02-26

<p>If a person, by false and fraudulent representations as to the extent of his business, induces another to enter into partnership with him for a definite period, a court of equity has jurisdiction to order the partnership articles to be cancelled, and to restrain the former from using the name of the latter as a partner; and, having obtained jurisdiction for that purpose, may administer complete relief in the same suit by ordering the former to pay the sums advanced or expended by the latter on account of the partnership.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1879-02-26

How this case has been cited

Cited by 11 later decisions (1 by the Supreme Court) — most recently June 1952

1 federal appellate · 9 state decisions

40187918801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gray, C. J.

¶1Upon the allegations in the bill, which are admitted by the demurrer, the defendant, by false and fraudulent representations as to the extent of his business, induced the plaintiff to enter into a partnership with him for a definite period, which would make the plaintiff liable to creditors as a partner. Against such liability by reason of the defendant’s fraud, a court of law could afford the plaintiff no adequate remedy. Equity has therefore jurisdiction to order the partnership articles to be cancelled, and to restrain the defendant from using the plaintiff’s name as a partner; and, having obtained jurisdiction for that purpose, may administer complete relief in the same suit, by ordering the defendant to repay the sums advanced or expended by the plairitiff on account of the partner ship. Pillans v. Harkness, Colles, 442. Ex parte Broome, 1 Rose, 69. Rawlins v. Wickham, 3 DeG. & J. 304. Jauncey v. Knowles, 29 L. J. (N. S.) Ch. 95. Story Part. §§ 232, 285.

¶2 Decree affirmed.

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