Farwell v. Huling

Citations

• 23 N.E. 438
• 132 Ill. 112

Syllabus

<p>1. Master’s report—exceptions thereto—requisites. A, party in chan■cery can not, by general exceptions to a master’s statement of a partnership account, require the chancellor, or a court of review, to go over •the entire record and re-state the account.</p> <p>2. Same—sufficiency of exceptions—as to statement of partnership account—in respect to value of the good will of the business. To a master’s report of his statement of a partnership account, the complainant in the suit excepted that the master had allowed him only $5000 for his interest in the good will of the business, whereas it should have been • estimated at $25,000, and that the master found there was a loss in the business when he should have found a gain and profit therein. The •defendant excepted that the master had credited complainant with ■$5000 as the value of his good will in the firm, when, in fact, such good will had no value : Held, that these exceptions were substantially good.</p> <p>3. Same.—insufficiency of exceptions—no ground of reversal. A decree • of the circuit court will not be reversed for mere insufficiency in the form of exceptions to the master’s statement of an account. A judg■ment will not be reversed for mispleading, or insufficiency of pleading, • or other default or negligence which injures neither party.</p> <p>4. Same—master's report—whether based upon proper evidence. A ■master’s report of his statement of a partnership account showed that it was based upon a statement made by one of the parties, sworn to by him as being made from the firm books, and as being a correct statement of the financial condition of the firm at the date of the dissolution, and also showed that the books from which the statement was made were produced apd in evidence before him. The report also ■showed that no one in behalf of the other party offered any figures to show the condition of the business at the-dissolution : Held, that the •report did not show that the finding was based on improper