A PARTNERSHIP ACCOUNT.

Nelson Evening Mail, Volume XXXVII, Issue 4, 13 March 1903, Page 2

A PARTNERSHIP ACCOUNT.

Dr Pearless sued Dr Moore for £193 7s 2d, a. a balance due on the d issjol u( ion ] o{ partnership, between the parlies, i There was also a counter claim from Dr Moore, of .£2OO damages, resulting through the dissolution of partnership. Wv Magionifcy; appeared for Dr Pear- j less and Mr Pitt for Dr Moore. "Eps Honor said he would not deal with the question of accounts. Mr Maginnity saia that at tbe end of November, 1902, a statement of accounts of the parthejship was arrived at. Dr Moore showed an indebtedness to Dr I Pearless on pai tnersbip accounts of (■l9B odd. The partnership between Dis Pearless and Jaooro was dissolved on January 13th, 1903. Dr Pearless went to South Africa as medical officer in charge of fche Eighth Contingent. H. agreed 1 that Dr Mooro should receive £5 per week for the seven weeks until another medic»l man was obtained to take Dr Pearless' place. Dr Pearless deposed that on or about the 15th October, 1901, that he and Dr Moore entered into partnership, and to carry on in Wakefield, Brightwater, Rich nn.nd, and tho surrounding districts. The net profit-! wore divifablo in the pr( portions following : that is to 3ay to the plantif. two-thirds, and the expenses in connection with tbe partnership bare been allocated in th» eaine proportion. The accounts were taken by tbe parties up to the 30th November, 1902, when it was found that on each respective date the d( fendant was indebted to the planfciEf in the following sums :— £l7 ls _d, ! £13 0. Od, and £163 14s 7d, making a tolal rf £198 15s lld, wliicb the defendant did iv writing acknowledge. The partnership was dissolved by mutual conaent on and from janoary 31, 1903. The accounts for tho months of December and January had showed a balance due ti the plantiff of £1 17s 3d. On or about the Ist January, 1903, the plantiff ivith the consent of the defendant, went fco South Africa, and was absent about seven nioDth?, returning to the practice on or about September 6, 1902. 'I he arrangement was that Dr Moore should get £5 aweek in addition to his (Moore's) share as locum tenensi Witness went info tho accounts with Dr Moore, and did not think Dr Moore had suffered any loss since his absonoa in South Africa. Mr Pitt raised a nonsuit point.

His Honor declined to nonsuit. The question he should consider was in what circumstances Dr Pearless «aa allowed to go abroad. He would not go into the accounts of the partnership, but these if necessary could be ordered to be investigated by the Registrar. Dr Moore, the defendant, stated tbat no agreement had been arrived at cerning the paitnership account, which wa3 still open and unascertained. The dof-adanb denied that it had been the practice _to examine tho books ef accounts monthly, and to apportiontho cash r ccipts Ho also denied Ihat afTy of the accounts were ever taken uptothe3otb November, 1902, or any othertime, or thit r'efendant tvae indebted Lo tht-pl-.m---l iff in the sums of .£l7 Is .d, £13, and £168 14s 7d, or in any oilier sunl-. He further denies that he acknowledged such or an? ind^btedn ss, tfmt he aijfcounts tor December, 1002, and January; 1903, or other periods had been examined, apd that such accounts slrrw a balnnce-duato the plaintiff of £1 17s 3d or of any otber amount. (Left Sitting.) Staff S&rgc-ant-Ma-jor S. Robert* 1 , late of the 9th Lancers, writes:- ■'■ With reference t*:i a Btatement which occurred in . evid'M cc during tho trial of the. man Sle-vr-.tfir theft, to tho offset (hat he was acquainted with me, and that) 1 -was a L .ndc.n man, 1 wish to Ktate'fchat I never taw or was acquainted with the man Stewait until I was encamped with tho Takaka Mounted Rifles in October last, and that I am not a London man, but conio fro.v the West of England, and his statement is false in all particulars."