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WHITE VS. WHITE. 421 constantly refused complainant access to the books of the firm, has for some years past pretended complainant was a debtor to the firm to a large amount, when, in fact, upon a fair account to be taken of all the business of the firm from its commencement, and when all false, fraudulent, and improper entries have been expunged or corrected, he avers he will be entitled to a large amount of money as his share of the partnership, profits and as- sets. That said John fraudulently, and with intent to delay com- plainant in the settlement of his accounts, has refused to give the information desired, and has, in combination with his brother, Henry White, who was the agent of the firm, and Campbell P. White, one of the partners thereof, resorted to every expedient and artifice and oppression which could weary the patience and exhaust the means of complainant. That said John White, fraud- ulently insisting upon a pretended debt due by complainant, and refusing all examination of the books of accounts, and denying all other information on the subject, and having the books of ac- counts under his control, and knowing the true state of the ac- counts, and acting under an alleged power of attorney, as the agent of Campbell P. White, and as representative of the estate of John 0. White, then deceased, at last obtained from complain- ant, worn out by the vexatious and losses of delay, the execu- tion of certain, articles of agreement, executed on the 10th day of May, 1848, a copy of which is exhibited with the bill. That at the time the negotiation which led to the execution of this agreement, complainant believed his brother, Campbell P. White, concurred with his brother, John White, in his statement of the fairness of the accounts of the partnership, and though he believed he was about to sacrifice a large portion of the same he believed justly due Mm, yet he was not prepared for the re- sult to which he has been now led by the recent disclosures and action of his said brother, Campbell P. White. That said Campbell P. has recently and deliberately stated that he was opposed to the execution of said agreement, and refused, for a long time all co-operation therein, because it involved a fraud upon the rights of the complainant, and could not be binding, and at last, when he consented to sign the same, refused to con- 35* |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 4, Page 421 View pdf image (33K) |
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