The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1854-04-22
NOTICE.

John D.'Snlith, and 2Sth, 1851. -
James Mackry, 80.
TsyllE Object of tits snit is to compel the
u s1id William SIuiti 10 account to and
with the llte firm, Of ''Smith, Strickland &
Nlc!iGy,' OF which firm ALT parties hereto
were partners, for cert lin large sums Of mol-
ry. which tn said William Smith obtained
from the complainant for aledgel partnership
purposes, but which, he, tha said Wili,m
SMITH d!I not so appropriate and now wrong
!uliy dctlnS; also to compel said William
Smith to account to and with the complainant
iniirillaalyi and for discovery generally.
The Bill states that GA or about the 10Th
dry July 1851 the s,id Thomas Strickland
MI the said John d. Smith and Jumcs Mack
~, formed co-partucrship for the purpose
of trading III cattle, that the said Thomas
Strickland was to furnish the nccrss Try funds,
M | Chat the s,iiJoIn d. Saith and james
Mlakcy were to Eivr their labor and services
in fllrtIitring their ipint Undertaking, and that
they were to share equally their profits or
losses. That business was commenced by
said parties, and WAS carried on by them un-
der the name Of Thomls Strickland alone.
unit! the l3lh OF September Of same year,
when one William Saith OF New Castle coun-
ty, in the State of Delaware, by agreement
Was taken into the id partnership, and that it
was tiien, by all the said parties stipulated
and agreed, that tAcnrniurth slit William
Smith should share one third Of the profits or
losses, the sail John D. Smith and james
Mackcy should together share one other
third, and that the remaining t"irl should be
the share Of Tie said Thomas Strickland and
that thereafter the name of the firm should be
.Smth, Strickland 4 Mackcy.'' and that
they should do business under said name Of
''Sm;h, S;ric.iltnl & Mackcy" and under no
ntllcr and that it was further agreed by said
PARTIES that the said Thomas Strict llnd should
Llon" b: authorized to bind the said firm by
signing the sigGltur. thereof. and that no
note, draft, check or other obligation should
be paid by said firm, unless the same was SO
signed by thu sud Thomas Strickland.
The Bill further states that immediately
th2reupon the sud William Smith entered
upon the business of said firm, and from that
time represented that h, WAS a partner in
said firm. and as such bought and sold divers
lots Of cattle in the name of the partnership.
That on or about the 23l Of October in the
year atorrslii. the sud John d. Smith and
james Mlckcy withdrew from said firm by and
with the knowledge and consent of the other
members thereof. leaving the complainant and
said William Saith. who continued to do
business together until the ia JANUARY 1852,
when they formally dissolved. That during
the continuance offs nd partnership urge nunl-
hcrS Of cattle were bought and sold on ac-
count OF sad hfm, II particular account Oh
which, together with a full statement Of cX-
pcns2S, is filed with the Bill, marked ok
ilhit y, by which it appears that the profits
an! expenses anout balanced. Ana also that
Wiii1e me SAll imam smith was hlcmo2f
ri nd hTia, although ne never advanced any
money whatever Tor sall firm, he draw ont OF
the same for allcdgcd partnership purposes a
AZ T. a
10, and That oil said sum only small part
thereof. to wit, the sum olSl,2 3l III has been
accounted FOR, as clearly appears by reference
to Il stated account OF sllu ii'!an Smith with
sald irm, illed with sad blli.
The Bill further states that the said Will
Ham Smith, although largely indebted to the
'lii firm, did institute SUIT against your ora
TOR and til" SAD John y. smith ana james
MIckcy at the October Term lH1- ol the CIR
cunt Court for Cecil county, upon certain
paper-Wrlthg, ailtdscd to be Il rromlssory
notr at thirty days, drawn by the ilrm OF sd.
ID. Smith, Strickland X Aackey, IN favor OF
Said illlam smith and dated at Mechanics
vile Oh the loth November 1891 Tor $1,000
hnt tue Din charges mat the Saih napcr-Writ-
ing, if given at al! to the said William smith
by any one OF the other partners IN SAID firm,
was not so given by and with The knowledge
and consent OF sud Thomas Strickland: but,
II given at all, was delivered Ill cnnIrdvention
OF the agreement entered into at the time SAID
lilam smith was admitted INTO sad llrm;
ana that the saia pnpcr-wri'ins was given, If
III an, W'tiiolt 'a!lu consideration; ana that
IL Is not signed IN the proper name OF the lirin
rs agreed upon IN the outset OF inc partnership
p ,fatiohs, ana mat the Signaturc thereto lsnot
IN the handwriting OF inc SAID Thomas otrlck-
ahd. Ana 1uftA'r mat thc siid ihomas
never si" nor lirari OF, the sad
pap2r-WrItlng until SUIT was instituted thereon
IS 'iorcS1ld, ana thHt thc same is fraudulent
'nu therefore voli.
me on then states that the sad thomas
,tr!cHlaha hath frequently requested inc sad
!" Iilam Smith rs we'll before the said suit
VAS instituted, as afterwards, to settle his ac-