Reports of the Cases Decided in the Appellate Court of Indiana Volume 38

Reports of the Cases Decided in the Appellate Court of Indiana Volume 38

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...$678, and that the latter should account to the former for that sum, and that such sum due the appellee from the appellant was wholly unpaid. As part of the finding, it was stated: "The court does not take into account any indebtedness that may be owing by the partnership, and does not decide any question concerning the same." This statement in the finding furnishes the subject of the contention here. It is true, as suggested on behalf of the appellant, that one partner cannot maintain a 1. suit against his copartner to recover an alleged in debtedness of the latter to the.former growing out " of the partnership transactions, until the affairs of the partnership are closed up and its debts are paid. Briggs v. Daugherty (1874), 48 Ind. 247; Lang v. Oppenheim (1884), 96 Ind. 47; Powell v. Bennett (1892), 131 Ind. 465. A court will not ordinarily entertain matters relating to partnership accounts between partners, until by its judgment or decree a final adjustment of the partnership business can be effected. Thompson v. Lowe (1887), 111 Ind. 272. One partner may maintain a suit to compel an accounting and to recover such sum as may be found due him upon the final adjustment of the partnership affairs, and if necessary for the accomplishment of such result a receiver may be appointed; but in such an action there cannot be a recovery in favor of one partner against the other upon a partial adjustment of the affairs of the partnership which leaves some of the partnership debts unpaid. See Meredith v. Ewing (1882), '85 Ind. 410; Miller v. Rapp (1893), 135 Ind. 614; Adams v. Shewalter (1894), 139 Ind. 178. It is very difiicult to ascertain from the record before us any definite terms or understanding of the parties upon which the...
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Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 123678006X
  • 9781236780065