JOHNSTON v. SENECAL


329 Mass. 556 (1952)

109 N.E.2d 467

ROBERT V. JOHNSTON vs. ALEXANDER A. SENECAL, administrator.

Supreme Judicial Court of Massachusetts, Hampden.

December 4, 1952.


Attorney(s) appearing for the Case

Dudley B. Wallace & Frederick S. Pillsbury, for the defendant.

James S. Bulkley & William C. Giles, Jr., for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.


LUMMUS, J.

This is a bill in equity by a surviving equal partner against the administrator of the estate of Leo P. Senecal, who died on June 28, 1950, for an accounting of the assets of a partnership consisting of the plaintiff and the defendant's intestate in the business of selling parking meters to municipalities. The answer of the defendant sets up the only defence now relied on, that "the transactions from which the plaintiff's claim arises were illegal, void...

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