Croasdale v. Von Boyneburgk

Citations

• 206 Pa. 15
• 55 A. 770
• 1903 Pa. LEXIS 639

Syllabus

<p>Equity — Account—Joint owners of tugboat — Managing owner — Salary as such.</p> <p>Where .one of the owners of a tugboat, the boat being held by all the owners as tenants in common, proceeds against one of the other owners for an accounting, the joint owner whose duty it is to account, cannot claim a salary as managing owner, where it appeal's that no salary was ever paid to the managing owner of the boat; that the accountant as managing owner employed agents of the tugboat, who performed the duties as such, and were compensated by commissions upon the gross sums they handled; that the business of the boat was carried on at the office of one of the agents, the managing owner having no office; that the agents kept the accounts of the boat’s receipts and expenditures, paid the crew, and some of the bills, solicited and obtained business for the boat and had general charge of her; and where it further appears that it was the usual and customary arrangement in the business, that the managing owner should serve without charge, and the agent of the company be paid a percentage upon gross receipts.</p> <p>Joint owners of tugboat — Managing owner — Duty to commence criminal prosecution.</p> <p>It is not the duty nor within the authority of the managing owner of a tugboat to institute a criminal prosecution against one of the joint owners alleged to be a defaulter, and he cannot claim a credit against his co-owners for the expense of such a criminal prosecution.</p> <p>Joint owners of tugboat — Managing owner — Duty to account — Costs.</p> <p>It is the duty of a managing owner of a tugboat to account to all the owners; and when he fails in the performance of this duty, and is compelled by legal proceedings to render an account, he should be visited personally with the costs.</p> <p>Practice — Supreme Court — Assignment of errors — Rule 11 and Equity Rule 92.</p> <p>Equity Rule 92 requires the appellant to file in the court below “ a brief statement of the errors he allege