Metz v. Emery

Citations

• 110 Kan. 405
• 204 P. 734
• 1922 Kan. LEXIS 60

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partnership — Action for Accounting — Petition Stated Cause of Action. The fact that a plaintiff who instituted an action for an accounting of the business of a partnership which had been dissolved is unable to state or fails to state the amount that will be found to be due to plaintiff on such accounting does not prevent an accounting, and especially where it is alleged by plaintiff that the defendant partner had appropriated and converted to his own use the profits of the firm business whereby he became indebted to the plaintiff in a considerable sum.</p> <p>2. Bankruptcy — Property of Bankrupt of Unprofitable Character Undisposed of by Trustee in Bankruptcy When Trust is Closed Reverts to Bankrupt. While all the property and rights of action of a bankrupt, except that which is exempt, pass to the trustee in bankruptcy, he is not required to accept assets or rights which are of an onerous or unprofitable character, and where rights of action are not accepted and asserted during his trusteeship and the trust is closed, the trustee discharged, and the assets of the trust distributed, the title to such rights reverts to the bankrupt.</p>