Curyea v. Beveridge

Citations

• 94 Ill. 424

Syllabus

<p>1. Partnership—right to an accounting. A bill by a partner filed before the end of the term the partnership was to run, alleged violations of the partnership contract, and asked for the dissolution of the partnership, and that an account be taken. During the pendency of the suit the term of the partnership expired. A supplemental bill was filed by leave, stating this fact, and charging a misappropriation of the partnership assets by the defendants, and asking for an accounting between the partners. Answers were filed to both bills, and replication thereto, and proofs were taken and the cause referred to a master, who made a report showing there was due to the complainant from one of the other partners several thousand dollars, and considerable amounts due the firm. The court on the hearing, without any exception having been taken to the report, dismissed the bills: Held, that the complainant was entitled to a decree settling the accounts and providing for the disposition of the effects of the firm, and that the court erred in dismissing the bills.</p> <p>2. Chancery practice—master’s report. If there is no ground for setting aside a master’s report on a bill to adjust partnership accounts, a decree should be entered upon it, and if otherwise, the report should be set. aside, and the matters again referred to the master to state the account correctly.</p>