PARTNERS DIFFER.

Sun (Christchurch), Volume VII, Issue 2026, 12 August 1920, Page 19 (Supplement)

PARTNERS DIFFER.

claim and counter-claim. MAGISTRATE'S DECISION! • • : ••■ .■■ »}<i Where a partnership hasj. ; been dissolved and one of the ' parties takes over the assets, and l ' l 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 . saitve; .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 case involving differences between , partners which led to a dissolution. DoimM Mcintosh (Mr H. K. McDougalJ). »roceeded against • Herbert Henry i [.(Mftfc(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 or a dissolution of partnership. The parties had been partners in two farms at Coalgate and Springston.* ~ The Magistrate gave judgment" for plaintiff on the claim for £43 14/6, qnd on the counterclaim 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 10/6. Costs would bo allowed on the respective amounts for which judgment was given.