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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 41   View pdf image (33K)
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WALKER. ADM'R OF HOUSE ET AL VS. HOUSE. 41
a partnership with his son, William A. House, in a large lum-
ber business, the father having a large capital, and the son but
little; that the son was to have one-third of the profits, and
the deceased two-thirds; that large profits were made from this
business, but how much complainants cannot say, as they can-
not get access to the books; that the deceased died on the 2d
of January, 1848, and for more than a year previous had been
insane and not capable of attending to business; that de-
fendant has since had the sole management of the business,
and has given no account to any of complainants of the condi-
tion of said concern, though often requested to do so, but on
the contrary, and notwithstanding the dissolution of the firm by
the death aforesaid, he has gone on and made purchases of
lumber, for which he has given the notes of the firm, and mixed
said lumber with the lumber of the firm; that since the death
aforesaid, he has received more than $10,000 of the money of
the firm, and has only paid debts to about $1900; that he has
sold lumber of the firm, and rendered no account thereof, and
has failed, on request, to make a settlement of the partnership
affairs with the administrator aforesaid, and has refused to set-
tle the same by arbitration, or to give security for the faithful
disbursement of the partnership effects, and for payment of
what, on settlement, he may owe, or to allow the books to be
entrusted to an accountant, so that they may be settled; that
in said books are many erroneous and improper entries made
by him or his direction, many credits being entered to which he
has no right, and many charges made against the deceased
which are wrong; that he having charge of the cash of the
firm, has charged the deficiencies in cash to profit and loss, and
having control of the books, they have not been correctly bal-
anced for years; that he has credited himself with profits,
whilst he has given no corresponding credits to the deceased;
that he has taken stock in incorporated companies in his own
name, having paid for the same with the moneys of the concern,
and not charged himself with such moneys; that the adminis-
trator aforesaid has applied to him for a balance-sheet of the
business of the firm, which he has declined to give, the only

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 41   View pdf image (33K)
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