The Sun.
London, England, 1835-05-02 00:00:00

1‘

of the Stratford property, to which it was added. The Part'
nership having been carried on after the expiration of the sir;
ticks, and after the death of Mr. Geary, with Mrs. Geary' wheat
succeeded to all Mr. Gear's interests in the properrY, ankt no
it must be considered as carried on in the terms and provisio
tt
of the articles, unless any particular provision took Place;
Upon the whole, therefore, as both parties were entitled
re
file bills for the settlement of the partnership accounts,
must be a• decree in both causes for taking the partnership
counts upon the footing of the last settlement, and for
ing the dissolution of the partnership, and so much of 7_
Geary's cross bill as seeks to set aside the settlernent of tse
accounts, and the deed of release of the 27th of Jalluir,"
.1830, and to surcharge and falsify the accounts, must be 1-
missed with costs.
Mr. Wiwi—The evidence taken in both causes to be en'
tered as read.
The MASTER of the ROLLS.—That is always left to tbe.
Master,. whatever part of the suit the evidence applies to
left to the Master. clis-
Mr. PEMBERTON—One decree will be in both causes; dis..
miss so much of Mrs. Geary's bill with costs as seeks to
turb, and surcharge, and falsify the accounts. „,.
Mr. BICKERSTETH—In the case of " Moody V. Gear;w.
don't know how it will stand ; the largest share of theig
deuce had relation to the points which were raised in the c'sloy
' suit of " Geary v. Moody," and if it stands thus, dismiss niee
so much of the bill of " Geary v. Moody," as relates to ti
points, it will omit altogether the evidence which was taken
the other suit.
Mr. PEMBEETON—I don't know what the effect will
it is necessary that must be guarded against. h tbs
The MASTER of the Rou,s—lt is singular ennlig-:
greater part of the evidence was taken in a suit to whinh it
gsyg
had no application. It is regular to read it. Mr. Wray
Do
the defendant set up a case in her answer, but there was,r
bill to which that evidence would apply—the evidence ail
plicable to the original bill, but it was taken in the cross bfloss
Mr. PEMBERTON.—Dismiss Mrs. Geary's cross bili,so
it seeks to set aside the deed of release and the se
rtd th
counts, and to surcharge and falsify the accounts tle
is
including in those costs the evidence which has been TA'7O" the
support of the same in the other suit. Then, Sir, •as
„eriod
period of the dissolution of the partnership ; from what r
is the dissolution to be considered as taking place ?
The MASTER of the Rous.—l should rather say Ire°
expiration of the notices.
Mr. PEMBERTON.—UnIess your Honour does somethingf;
finite with respect to this, it is possible that it maY lend tow''_
ther expense. The parties have not the best feeling et,
each other, and it may turn out that the notices differ. Job,
haps your Honour will now give some direction upon the
ject, fixing it to a particular day. bert°
Mr. BICKERSTETH.—I quite agree with Mr. Pelnar if?
that it will be necessary to fix the time to a day. If
nour has not the pleadings before you, perhaps ynni„„der*
good enough to look to them, and name the time.
stand that the notices do differ. OW
The MASTER of the Rou.s.—l will look into the P.e
upon that pu:r.t. " nto
the
On Tuesday his Monour stated that he had looked
pleadings in this case, and he was of opinion that the riot
ship should be decreed to be dissolved on the 24th ... 185%
1832, according to the written notice of the 25th AP'
given by Mrs. Geary to Moody.