McGinn v. Benner

Citations

• 180 Pa. 396
• 36 A. 925
• 1897 Pa. LEXIS 932

Syllabus

<p>Referee's findings of fact — Review.</p> <p>A referee’s distinct and specific findings of fact when reviewed upon exceptions in the court below, and confirmed by that court, will not be reversed, except for clear error.</p> <p>Partnership — Account stated — .Equity.</p> <p>On a bill in equity by one partner against another for an account of moneys collected, it appeared that about one year before the bill was filed the defendant had furnished the plaintiff a summary of the amounts collected and paid out for several years, which contained, for one of the years, merely one item for cash collected and one item for cash paid out, with items to be collected and items for bills yet to be paid. No objection was made to the account before the bill was filed. Held, (1) that the summary was not an account stated; (2) that the plaintiff was not estopped from controverting it.</p> <p>Equity — Jurisdiction—Partnership—Controversy over real estate.</p> <p>When a court of equity has acquired jurisdiction over a cause for one purpose, it may retain it for purposes of equitable relief not covered by the original prayers for relief in the bill. It seeks to prevent all unnecessary litigation, and will, wherever this is practicable, dispose of the entire transaction brought under its notice. '</p> <p>On a bill in equity by one partner against another for an account, the plaintiff prayed that in addition to an accounting the defendant should couvey to him a house and lot alleged to have been bought with partnership funds. Subsequently the parties agreed to submit the case to a referee, and that he should consider and dispose of any prayer for relief that should be made by the defendant, with the same effect as if a cross bill had been filed by him, stipulating only that such prayer for relief be reduced to writing and filed with the referee. Under this agreement the defendant immediately filed with the referee a brief prayer for relief in regard to the house and lot, asking that the