PARTNERS DIFFER.

Sun (Christchurch), Volume VII, Issue 2026, 12 August 1920, Page 7

PARTNERS DIFFER.

CEAIM AND COUNTER-CLAIM; MAGISTRATE'S DECISION. , . Where n partnership has been dissolved and one of the parties takes over the assets, and agrees to pay all liabilities disclosed in the partnership books or papers, liabilities not disclosed therein, through the fraud or negligence of either partner, will be treated as if they had been disclosed. On a dissolution of partnership there must be observed between the respective partners the same highest good faith as was necessary before such dissolution. , : . So read'the head-note to a reserved .judgment delivered in the Magistrate's Court this morning by Mr S. E. McCarthy, S.M., in connection with a ease involving differences between partners which led ■to a dissolution. Donald Mcintosh (Mr H. K. McDougall) proceeded against Herbert Henry Cook (Mr J. H. Upham), claiming £43 14/6, being moneys alleged to have been received by defendant for the use of plaintiff, which, it was alleged, he had failed to account for. A counter-claim was also made for £lB7 11/3, being moneys alleged to be due.by plaintiff to defendant on a final balance in respect of a dissolution of partnership. Tho parties had been partners, in two farms at Coalgate ami Springston. The Magistrate gave judgment for plaintiff on tho claim for £43 14/(i, and on the counter-claim in respect of the item of £29 8/9. Judgment would be recorded for the defendant on the counter-claim in respect of the third item, in all £sl 10/0. Costs would be allowed on the respective amounts for which judgment was given.