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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 436   View pdf image (33K)
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436 HIGH COURT OF CHANCERY.
Gault, in pursuance of said agreement, engaged extensively
and actively in Said business of granite cutting, and continued
therein under said agreement until the 1st of January, 1841,
and did also after the expiration of said partnership by lapse
of time, go on and complete divers' jobs of work in said busi-
ness, contracted for and commenced during the period of the
existence of said partnership, and for which they received di-
vers large sums of money. Particular business transactions of
the firm are then specified, among others, the furnishing of
Wrought granite to the government of the United States, for the
post office building erected by it, furnishing the granite and
doing the granite work for a court house for York county,
Pennsylvania, furnishing and setting up granite for the Mayor
and City Council of Baltimore, and for various other persons,
for which they received large sums of money, amounting to
upwards of $200,000, during the term of said partnership, or
afterwards, on account of work done or commenced during the
period of said partnership, and afterwards finished. That the
whole of this sum has been retained by said Emory & Gault,
and no part paid over to the complainant, although the sum of
$60,000 has been realised, as the clear net profits of the said
firm during the existence of said partnership.
The bin then calls upon the defendants for a particular state-
ment of their business and receipts of money, within the period
from the first of January, 1838, and the 1st of January, 1841,
and also, of all jobs of work commenced within said period,
but not completed until after the expiration thereof, and of all
sums received therefor, and prays that an account may be taken
of all and singular, the sums of money received by said Emo-
ry & Gault, on account of said firm, and that such sum as
upon such accounting may appear due to him, be decreed to be
paid to the complainant, and for further relief.
The answer of Emery & Gault, filed on the 24th of Septem-
ber, 1846, admits the execution of the articles of copartnership
mentioned in the bill, and that by virtue thereof, the complain-
ant became a dormant partner in said firm, and so continued
until about the 16th of March, 1839, when the partnership was

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 436   View pdf image (33K)
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