Hunt v. Gorden

Citations

• 52 Miss. 194

Syllabus

<p>1. Partnership : Chancery ‘practice. Account.</p> <p>A partner who impleads his associate for a settlement must aver and prove, if denied, an indebtedness, or at least a probable indebtedness. The court should not compel the defendant to go into an accounting unless there appears to be something due to the complainant, and the facts which entitle complainant to relief must be proved before a reference to the master is made. In making a reference to have an account taken the court ought to settle the principles and put them in. the form of instructions to its officer.</p> <p>2. Same: Same.</p> <p>An action of account at law will lie, at the suit of one partner against another, which will refer the matter of difference to auditors, who may examine the parties on oath. But this action has fallen very much into disuse on account of the superior advaniages of equity courts.</p>