19 Me. 211 | Me. | 1841
The opinion of the Court was delivered by
While a partnership exists, or remains unsettled, no action at law can be maintained by one partner against another, except an action of account, or of assumpsit ou a promise to account. Wilby & al. v. Phinney, 15 Mass. R. 116. This doctrine is well established, and is conceded by the counsel for the plaintiffs. But where the partnership has been dissolved, and its concerns adjusted, a suit at law may be maintained for a balance found due from the one to the other. So where in such case, the accounts have been settled, and one has by mistake paid to another more than was his due, it has been held, that it may be recovered back in an action of assumpsit. Bond v. Hays, 12 Mass. R. 34.
Exceptions overruled.