Peteet v. Crawford

Citations

• 51 Miss. 43

Syllabus

<p>Partnership: Settlement of accounts — Jurisdiction of courts of equity over them — Oase in judgment.</p> <p>Mere error alone will not always lead to the opening and restating of accounts, but even where there is an agreement that closed accounts shall not be opened for error, after the death of the parties, or after a fixed period, a court of equity will open and restate the accounts for fraud, or great danger of fraud; and in case of such an agreement, even after the death of the parties, or long acquiescence, a settlement would be opened and the account restated for an important error. If the bill, praying for the opening of a settled account, doeslnot allege fraud, but in the opinion of the court, the facts stated imply fraud, the prayer will be granted. Upon the facts in the case at bar, the settlement should have been opened and the account restated.</p>