Nims v. Nims

Citations

• 23 Fla. 69

Syllabus

<p>i. When one partner files a bill against his copartner, praying therein a settlement of all the partnership matters, individual indebtedness from the defendant to the complainant, existing before the formation of the partnership between them and not alleged in the bill to have entered into or formed a part of their partnership agreement, either at the inception of the partnership or subsequently, cannot be taken into account in a settlement between them.</p> <p>•3. The burden of proof in a suit for the settlement of partnership accounts is on the complainant, and if he cannot furnish evidence sufficient to enable the master to state an account, his suit, so far as the settlement of accounts is concerned, necessarily fails.</p> <p>.3. Until it is shown by proper allegations and proof thereof that there has been either a profit or a loss in the partnership affairs a court cannot say whether there is anything to divide.</p> <p>■i. Upon a dissolution and settlement of a partnership the amounts advanced individually for the joint business by each partner should be ascertained and a balance allowed the one making the greatest advances of the excess of his advances over the advances of his copartner, which excess is a lien on the partnership property, and on a sale by a master of such property, and the payment of such excess to the partner entitled thereto, the remainder should be divided between the partners according to their respective interests.</p> <p>.0. When a deed to land is made jointly to two persons, in the absence of proof to the contrary it will be presumed that each one paid his proportion of the purchase money.</p>