VINAL
v.
WEST VIRGINIA OIL & OIL LAND COMPANY
VINAL
WEST VIRGINIA OIL & OIL LAND COMPANY
110 U.S. 215
Supreme Court of the United States (1884)
Positive Treatment
Also reported at: 28 L. Ed. 124 · 4 S. Ct. 4 · SCDB 1883-125 · 1884 U.S. LEXIS 1678
Cited by 11 cases
Opinion of the Court
Mr. Chief Justice Waite delivered the opinion of the court.
This judgment is affirmed. One partner cannot recover his share of a debt due to the partnership in an action at law, prosecuted in his own name alone against the debtor. That is the only question presented by the bill of exceptions in this casé. The refusal of the' court below to grant a new trial is not reviewable here.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Doleman v. Levine, 295 U.S. 221 (U.S. 1935)…nly of the proceeds of a single cause of action, does not carry with it any authority to maintain the action in his own name. See Mandeville v. Welch, 5 Wheat. 277, 286; Shankland v. Washington, 5 Pet. 390; Vinal v. West Virginia Oil & Oil Land Co., 110 U. S. 215. He is in the position of a partial assignee of the chose in action, and as such is entitled to his share of the proceeds of the action when recovered and may secure their recovery by resort to equity, in a suit joining proper parties, to compel act…
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Grant Cnty. Deposit Bank v. McCAMPBELL, 194 F.2d 469 (6th Cir. 1952)…er has an interest in a partnership account arising out of a partnership transaction and is an indispensable party to an action seeking its enforcement. Snodgrass v. Broadwell, 12 Ky. 353, 2 Litt. 353, 356-357; Vinal v. West Virginia Oil & Land Co., 110 U.S. 215, 4 S.Ct. 4, 28 L.Ed. 124; City of Orlando v. Murphy, 5 Cir., 77 F. 2d 702, 703; Minez v. Merrill, D.C.S.D.N.Y., 43 F. 2d 201; .Chame v. Essex Chair Co., D.C. 92 F.Supp. 164. Appellees, however, contend that the disclaimer by Brooks of his in- . ter…
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Crystal Copper Co. v. Gaido, 5 F.2d 881 (9th Cir. 1925)…r of any one or more of the several plaintiffs, as individuals. The rule is well settled that one partner, or any number less than the whole, cannot maintain an action for breach of a partnership agreement. Vinal v. West Virginia Oil & Oil Land Co., 110 U. S. 215, 4 S. Ct. 4, 28 L. Ed. 124; Van Atta v. Montana Nat. Bank (C. C. A.) 275 F. 548. The reason for the rule is obvious. No partner has any fixed interest in the partnership property or contracts until after the partnership affairs have been settled and…
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