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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 419   View pdf image (33K)
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WHITE VS. WHITE. 419
firm in connection with the partners, and is a necessary party to a bill calling
for a settlement of the partnership.
The allegation that one of the partners "is about to receive, if he has not
already done so, a large sum from J. W. and H. W. or one of them as a
consideration for arresting proceedings against them, and for a transfer of
all his interest in the partnership," is too uncertain to make it necessary
that H. W. who was not a partner, and but for this alleged transfer had
no interest in the litigation, should be required answer.
[The bill in this case was filed on the 22d of May, 1849, by
Joseph White, and alleges, in substance, that in February or
March, 1835, complainant and his father, John 0. White, of
the city of Baltimore, and his brother, Campbell P. White, of
the city of New York, formed a partnership in the former city,
under the firm of John 0. White and sons, for the purpose of
distilling spirits, (a partnership similar to which had existed
many years previously in the same business, between the said
John C., Campbell P. and Robert White, and had been dissolved
by the withdrawal of Robert,) during the continuance of which
large gains and profits were made, which were employed partly
in the extension of their business, and partly in the purchase of
property and erection of buildings. That complainant attend-
ed to the manufacturing department of the business, while the
accounts of the partnership were entrusted exclusively to his
brother, Henry White, or his brother, John White, in the lat-
ter of whom complainant had at that time unlimited confidence,
and the accounts of the firm being at all times subject to his
control, he became fully acquainted with the profits thereof, and
of the share of the assets due each partner. That in March,
1835, there belonged to the firm certain real estate in the city
of Baltimore, the title whereof stood in the name of the senior
partner, John C. White, but was held by him as the property,
and for the benefit, of the partnership. That said John White,
though not a member of the firm, was yet, as the eldest brother
of the family, regarded by the firm, and all its members, as its
confidential adviser, and was entrusted with the full control of
its affairs, and its books and property, and did, in fact, by con-
sent of all, entirely regulate its books and affairs, and dispose
of its means in such manner as he judged proper, all of which

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 419   View pdf image (33K)
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