Tierney v. Klein

Citations

• 67 Miss. 173

Syllabus

<p>1. Partnership. Assets. Insurance agency. Good-will of business.</p> <p>Though the business or good-will of a firm of insurance agents i^ valuable, if the agencies are terminable at the pleasure of the companies, and one member of the firm fails and makes a general assignment, dissolving the partnership, and the other member, under a new appointment, continues the business in his own name, creditors of the former caunot subject to their demands any interest in the business thus continued as being a part of his assets.</p> <p>2. Chancery Pleading. Relief as to matters not averred.</p> <p>Relief will not be granted in respect to any matter unless a foundation therefor is laid in the pleadings.</p> <p>3. Chancery Practice. Supplemental bill. Neiopaity. Time for talcing testimony.</p> <p>Where a necessary party is brought in by supplemental bill, and answers denying its material averments, he is entitled to five months after answer filed for taking testimony, and the cause cannot be tried as against him upon evidence taken before he became a party.</p> <p>4. Same. Reference to master. Supreme court. Immaterial error.</p> <p>Where the bill seeks to subject to the payment of his individual debts, the interest of a partner in the profits and good-will of• a partnership, and prays for discovery and an account as to the profits and the court upon final hearing dismisses the bill, this court will not reverse merely because of a failure to grant an interlocutory order of reference to a master.</p>