ADA REEVE IN COURT

Dominion, Volume 10, Issue 3161, 13 August 1917, Page 8

ADA REEVE IN COURT

SUIT AGAINST HER HUSBAND

A DISPUTED PARTNERSHIP

Tho equity suit of Adelaido Mary Cotton ('professionally known as Miss Ada KeoveJ, comedienne and vaudeville artist, against her h.ißband, Wilfred Cotton, wits before Dr. Justice Harvey in Sydney last week, on an application by the defendant for an injunction to restrain the plaintiff l'roni preventing him from currying; out his duties of managing partner in her theatrical engagements, anil depriving him of his rights and privileges as such nianagiug parttier; and for tho appointment of a receiver of the alleged partnership assets. Mr. J. A. Browne (instructed by Messrs. 10. A. Cohen and Linton) appeared for the plaintiff, and Mr. 1(. H. L. Innes, K.C., and Mr. M'Kean (instructed l>y Mr. Neville Montagu) for the defendant applicant. The plaintiff stated in her claim that the defendant, at her request, undertook the management of her theatrical engagements anil certain other business and ■ private affairs, including her interests in Portuguese Hast Africa, known as Cotton's Copra Estates, Inhanbane. and insurance policies; and lie had carried on such management, until a few days ago. Part of his duties was to receive the weekly payments of her share from the various theatres at which she and her company were engaged, to pay the salaries and expenses of the members cf the company, and to account weekly to > er for all receipts and payments. He was also to pay into her banking account ail moneys received by him as her manager; all payments to be made by cheque unless in" places where she had no banking account, when they were to be made in cash. She alleged that he had rendered her accounts that were not compete or correct, and that he had received large sums of money for which lie had not accounted.to her, and for which lie had refused to account. She further alleged that be bad refused to give her more •detailed accounts for the reason that he claimed he was a partner with her m her theatrical business, and »o to share the net profits with het. She also alleged that he had retused to acoount to ber for all moneys received b\ him, and had wrongfully appropiiated large sums to his own use. Plaintilf asked, among other thing.-, for a declaration that the defendant had no interest in her theatrical business or company, and that , he be lestrained by injunction from m Mi isy interfering with the management oi the affairs of lief company, except with her •permission, and from pretending to anyone that he was a partner with her in the theatrical business. .In his defence, Cotton stated that for some years he had been managing pfti'tner of the plaintiff in her theatrical and other businesses, sharing equally with her tho net profits. Ho denied tho allegations with respect to the accounts, that he had refused to render ber correct and complete accounts, or that he had charged her with any sums not properly chargeable. Ho also denied that he* had attempted to reduce or control the company, or thai; he ihad refused to hand over all business documents in his possession. He further denied that he had appropriated any oi her monevs to his own use. .In 19U and oil June 1 last tho accounts between them were settled a.nd accepted by tly) plaintiff as satisf.ict.on-. Tn a counter-claim the defendant alleged that the partnership. so far as it related to the theatrical business, was'to last until the termination of all existing contracts. Plnintiff had wrongfully restrained him trom earn-in 1 * out his duties as managing partner,' and requested him to absent, himself from the Tivoli 'Iheatre; ijnil had denied that he had any intercsl m the partnership business or that thorc was a partnership between thcni. He, .therefni'p. asked, among other things, 'for a declaration that, ihev were partners in theatrical and other businesses, of the plaintiff, and that some fit. and proper pel-son or persons ho appointed, either jointly or separately, to collect- the tuonoYS ilu* 011 account of the piirlnorsliin/nml to <lislributo &n.v debt*. Afler counsel had t.-onferriid. his Honour was informal! that it bad own Wpc! tlmt plaintiff be appointed ree'eiver and manager till the hearing »l the suit, she to carry on the business, •and pay salaries and expenses inc.udthe sum of J!2r. a week io the defendant as iVoin July 2 last and "■ week to herself, the last-mentioned sum to be paid if the funds permitted, the awee,metu to be without prejudico to the respective rights of Iho parties, and without constituting any admissions by ! either. v . , His Honour made an order in the terms agreed upon. ■