Cottle v. Leitch

Citations

• 35 Cal. 434

Syllabus

<p>Dissolution of Partnership.—Where one partner has the management of the partnership affairs, and. makes false entries in the books, and defrauds his co-partner of a portion of the partnership receipts, and retains the same to his own use, the partner thus defrauded is entitled to a dissolution of the partnership and an accounting, even if the partnership was by agreement to continue for a fixed term and the term has not expired.</p> <p>Idem.—If in such a case there has been an accounting between the partners, and the partner defrauded does not discover the fraud until after the accounting, he may sue for an accounting and dissolution, and on the trial may surcharge and falsify the account, without demanding a reaccounting prior to tho commencement of the action.</p> <p>Accounting between Partners.—Whenever a partner is entitled to a dissolution, the talcing of an account is necessary, and follows as a matter of course.</p>