, 1865-12-16
WADsWOKTH vs.. COOLEY, FAR.
WE'LL, EFT AL.
Judge SbeldonsA Decision In the Coxe.

1oe mteapos1uon OF eoof o. equity became
The remaining assets into money, Ii order to d.
vision Of the same between the parties; and 10 tbs
extent the complainant IL entitled 10 relief
The bill further feeks to sci as,de the se,eemen.
oi dissolution made jan. 81 1861 because or nntrrt
and eTonsous entries N the books Of
account, Whereby air. WadsN orth wag nisleu,
The only actual representation made VIA The re-
ct1l In the agreement that Mr.. Nndsworsh's &C.
count wss 1nscely oYcfdrawn; and this YVES found
In regard to crors IN The books, one was, the
omission 70 allow interest capita IN The nrm Of
Cooley, Wadswo.th Co. No. i. This was de-
copartnerthip: and made gain Ia iayof Of NJ Far
s,oa 70 Geait 81 FaTaeI With ,nte1es. 81 , ,oa,
which he advanced TO the firm, and winch for ought
that sppeart, be was entitled to and setting he
one omission AGAINST the Other, would leave dif.
ference IN tayoz Of Iii. FarweI Of only abont fe0
this question Of setting aside the agreement.
Another alleged error is In the decision and trans-
fer oi ue1ehanaise from The firm Of Cooley, Wade-
CO. There was about Sic, ,oc0 Of meirhsnalse On
hand At The expiration Of the former pa,tncs.hip,
winch va ais1aed between he partners, ind toeif
VI: FarTeI! vss sesissd With this division and
profi. which did not give thc parties thear ssai H.
tezeft tn The goods, when It Is conceived he shonld
have divided On the basis Of nrst returning aplsa
sDs ,S ssp ss1s s pi in'1.;t Hssa "Sad 90
his DIX c.d ri: Ftr'rN aoosa xiy. 90 msSekaaa H.
,s E %Rs e ,ss
case d,s1lJ entire balance In the
hlm Of Cooley, Wadswoub & Co. Was cz1zfed to
eseet ony for lie papaec ii ea;ne @ Interest as a On
the denests from the respective amounts Of tbe
pa.t' eapital to Be- Pr. IN TIE list atn interest
sion adopted, making Mr, Wadsworth's s dehcit
larger ana Nit. Fa1Hel'a deficit less than it should
ha.c been- Interest ran esToneously to u large
Farxeli; but this wns the on]s effect Of The mode
Of division adopted upon the rights OF the parties
the above mentioned defeats OF eapftal this IL
considered not TO BE- IN accordance with the true
see q 6 a q! md
tai Of the ast hrm not hnstue bcrn paid IN as cor
teuplated 1t cannot be justified unle%s It sho..Id
qnent understanding beiwfe en lhe p1r1,5s, Bui
defc!.s Of cnplal. Is laid oui Of ew IN cont;des-
Rs sa ':s sc.a, ta' a.
interest on stock, le held to have atected MI
Wadtuor'h with notiee Of the clatu, TO eharge
rum NM Of ri ,fes see ssthsI h;t .h hr'Rs !e:
% S,1s "a y ,os, r Which DO net ses
Or the raj dedeiis Of eaniis amounting 70 about
{o,Z fcQuCef INC tHul 10 &QQQt &o,sNU, An4 AS4UTl
t1l5-C00 OF the askets Of Cooley, Wsdsuprth i Co.
No at.er 1ts debts were paid to be correct o. to
eouid not b an alioa oi moss th.a 80 undeF
'he proofs uorlo tlil1 leave the suua about &4100
which must be taken 10 be at least the amount Of
him, found 10 exist The book, and TO which ex-
tent he must be taken 10 have been mtsled a. to
The state Of his accounts.
And exhibit 'A' bad q tendency 10 ax1avste ouch
mlstAke and Inleappzrheusfou, In tha mixing Of
thif aerccment, where the extent to which Mr.
WaasWoFths account va, oseIdssUn appesu to be
Nj. WndswoFh should have been appriscd more
nearly 1han be was Of the true state o! his accounts,
10 enable him to form . sound judgment In respect
TO the subject matter Of the bargain.
T11e relation Of Mr. FarHell TO Nj. Wardxworth
Was NOT only that Of partner, but OF agent; he be-
sR bs e ,s
tbis wns one Of trust and confidence where Epec,a1
and peculiar obligation vas imposed upon him IN
Ms. Nads3orth'e interest In the merchandise On
hand, to ar7r1se him Of the true Etate Of this ac
count and this not having been done, owing 10 ma
must be held ehs1Rable. Mr. Wadsworth Is en-
titled to have the agreement set aside. a. having
been entered tnto, under misapp.eheusion. ard
The claim Of III. Radssort aI.ef he expiration
Of tie time OF the partnership Of Cooley, FarNell &
cS eosns e e. eoos Ffss f E e. saess dos
c6andise sod 70 coo1ey md faFweI, under ihc
tSe he shoie Or : paft q its original sIseF
n trade, u denied; although l1eb an:
tso,ty la. Sssn ssueea In ~ voE Of
lnion Of copartncrship By tho death or bankruptcy
Of member. the surviving partners 60 On and con-
tinue the employment Of the partnership properly
lcuf]y purchased. But in such csfcs the surviving
partners 60 On and knowingly md put to hazard
nIorerfy in ylnatinf3 ar thcfr lutT 10 fejl Il anH