Moyn v. Rose

Citations

• 245 Pa. 601
• 92 A. 39
• 1914 Pa. LEXIS 927

Syllabus

<p>Partnership — Termination—Equity—Accounting — Receivers —» Decree.</p> <p>1. In a suit in equity for an accounting between partners, and for the appointment of a receiver of partnership assets, a decree appointing such receiver and directing that the defendant pay over to the latter the proceeds of the sale of certain store property received by him, is proper where it appears that the plaintiff and defendant had entered into a written agreement to form a company for the operation of grocery stores; that plaintiff was to contribute $5,000 and defendant $20,000 to the capital; that the plaintiff paid his contribution, but that defendant paid nothing; that the intention to form a corporation was abandoned, but that two stores were purchased, which were operated by the defendant and plaintiff as partners; that the business was a failure; and that the stores had been sold by the defendant and the proceeds of the sale deposited by defendant in a company of which he was president.</p> <p>Practice, Supreme Court — Appeals—Assignments of error — Rule £6 — Defective assignments.</p> <p>2. An assignment of error which complains of a decree in equity containing five distinct orders so that such assignment may relate to all or any of the five matters which are the subject of the decree, is in violation of Rule 26 as raising more than one distinct question.</p> <p>3. An assignment of error complaining of a decree that is based on the findings of fact and conclusion of law reached by the court below, is defective where no exceptions to the findings of fact and conclusions of law were filed or if exceptions were-filed, and dismissed, the dismissal thereof has not been.assigned as error.</p>