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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 87   View pdf image (33K)
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LILLY VS. KROESEN. 87
—a statement of the amount of the liabilities of the firm, and
the condition of the accounts of the partners, were all fairly
and openly exhibited before them; and there is no pretence
that there was the slightest error or inaccuracy in those ele-
ments for forming a correct judgment of the condition of the
partnership.
Upon data thus full, complete, and truthful, two intelligent
merchants meet and adjust their partnership accounts, and
ascertain the proportion of the surplus to which each is entitled,
and by their written contract, deliberately prepared and signed,
they stipulate how and from what source each shall receive
the sum ascertained to be due him. It is true that subsequent
events may have shown that the estimate of the parties, with
reference to the value of a portion of the assets, was too san-
guine, but that does not establish error or mistake in the ac-
counts upon which the settlement was based, though it may
demonstrate the plaintiff's title to receive something from the
defendant for the purpose of producing that equality which
the contract of settlement contemplated.
This does not appear to me to be at all like the case of
Williams vs. The Savage Manufacturing Company, decided
by this Court upon a former occasion, and affirmed upon ap-
peal to the Court of Appeals. In that case the plaintiff was
shown by the proof to have been of very weak mind at the
period of settlement, which though based upon accounts, the
accounts themselves were neither examined by the plaintiff
(who, indeed, was then incapable of comprehending them) nor
by any person acting for him. And in addition to this strong
ground of objection to the settlement, errors plain, palpable,
and seriously injurious to the plaintiff were specifically pointed
out, and clearly established by the evidence.
But, though I think the plaintiff has not made out a case
authorizing him to surcharge and falsify the accounts upon
which the settlement was made, I am of opinion he is entitled
to recover from the defendant something upon the footing of
the settlement itself. The defendant, as appears by the
settlement and books, had received $5,050. The plaintiff had

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 87   View pdf image (33K)
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