, 1865-12-02
LAW iN1ElLinEMgE.


Against Cooley, FaryVeN Il Co.
C1RCurr CoURr OF TIE UNITED STGrEs-Hoa.
1Aomas Dr,sumoad, Jalge-The Gnited States vs.
Jotn.B. Zimmerman; robbery OF the mall This
ense ia stl Oh raa. verdict will be rctnrned this
morning.
CIRCUIT CoCnr OF cooK couxTT-Hon. K s.
Ni0iauzs~ Judge.-Van q. Higgins ". Wilbur F.
Storey and Ananias woraen. Tne hearing Of this
case was resumtd- Mrs ilassina Ac3tuHay was
called On the part Of the defendants. Her tesh-
mony was 70 The elect that plaintiR called upon
her husband in relation to going to tho war; that
ens 1ae bad d. 0 B .Ga ysaa s
Guards, ehc With her husband met plaintiff, when
he promised that In the event Of the death ot her
I;bd bon:e es end have a sias SHs ,sa e he
sideS. sRi Ao %Ssh I Il IT, t. " exsmins,lon % Sn' WIS ~
Win view 10 fix dates e facts stated IN the al.
tic article charged to be- nbellous. Dnt one qnes
ton Of moment arore during the pendeucy Of the
case ibis dnf- Having proved the specific promise
animation, o0esed to show Thai II such promise wa
uade. which p1alutfif denies be offered the widow
such lenieney o. payment Or such propositions OF
fudanis Objected % .hfs as Introducing The decala-
tions Of plaintiff IN his OWL behalf 1he Court
to stard over nnti Saturday morning that au'hofi-
1ies. they eoald might be produced in support Of
Elizabeth Emerson ~. Alfred c. Emerson. Bill
tat Tie parties wero rnsrr,ed March 10, 1ss, s1ss
which time be has Committed adultery with one
KITE Bunker, With HON 1t fa charged he has bcan
living m state OF open adultery,
In The matter Of Samuel Cheerer, guardian Pc
tfton presented for the aaa Of the rr1l estate
yra e a9 %nof '05 Der
frGGgs r. died and summons issued Damages laid
sUrEr1or CouEr.-Not m session.
Charles Benrdstee ct al. - Albert Smith. As
: sQmpsit- Damages laid at q, COO. FfHefpe filed,
Corsrr CourrLUos- 1d1ass q. Brsd.osA .Tstdge.
Estate Of Obadiah 1ackson: Ths bond OF The ad-
proved.
closed.
wApswoHrH ve. COOLEY. EAnwEL& Co.
In the case Of E. 3. Wadawosth W. Cooley, Far
well & Co., Judge u r. Sheldon yesterday decfdetl
the suit as follows, the abstract annexed being pre-
pared under instruction from the Court By tho
counsel for the plaintiff as Is usual In such caAes:
E. =. Wads%ortn ". John v. Farnell Ct al Bill
sustained errors in account corrected; agreement
G1 S1oss @non 5st ae aS nss sedsu
The learned Jndae delivered an opInion IN thls
case sustaining the bill. lie male The following
po9tnts:-slr;; Wadswo1sh vas compelled TO ala his
balance In pssets In klna. lie Insisted upon money
The dclendants t1led their erosy bill to compel him
S ss a. hf aass e. !s s
money Instend Of nssets was founded IN law and
}osttee. The bill therefore well fled In order that
The hsscts may be counted fnto money, IN account
be taken, and that each partner may rerc1ye his
own But the bill goes tEther. and claims that the
agreement OF dissolution Of January 21st. 1867,
should be eet aside because NJ. Wadsworth vas IN
the books Of account, By tho misrepresentation Of
Cooley ana Farrell, and By their eoneealHeat OF
faoH es yh,eR M %sS 19Snn them and
Before considering tie Facts. It II vel to consider
the relations Of The palties: They were not
qps ef sssa oSs g. !
count, md NE 3 Wadsworth had the right 10 rely
upon niu. Mr.. EaSsse1l WIS his aGeut And sfpatee.
air. Wadswor.h Vas his principal and ekssui que
IL deaang with Mr. wsaswosth for bis interest in
the huErnt IL nas the duty Of 1fr Farwell 10 put
him In possession OF all the Gets IN tho casa. An
uu!rue representation, or tbs conccalment Of ma
serial faei, would alike ayoId the contsact. 3tr
condition Of the accounts-
The first error noted Is the matter Of Interest Ia
copnrtneseh:p nrt,elcs pruTidc that each partner
shall be credited wilt, interest on capital. II Mr.
Farwel had made the proper credits of interest he
ailed to DO 50 aud thus sioa'ed Tie piain ineat oI
the contract But he likewise failed 10 credit him.
self nearly equal amount OF In tcrest 10 which It
seeMs 10 ne he Wis entitled, and am Inclined to
hest one on.tasion as an oaset 10 she other,
The next error noted l. the manner n which the
me1cnandise was transferred from Cooley, Wads-
the artcres of eopastnessh'p Of he latter arm It
vas provided that he capital OF the paInerr should
be put IN as ass a seaAzed from the collections OF
well vas charged With the duty of msking tha
proper 1ransfer and division. At This time Cooley,
Hadswonh Co. owned nae1chacdlse amounting
Cooley, Farsel + Co. and dirtael It to the part.
ners In the proportion OF profits. ft,ahou1d have
been diyided npan ths ba.s Of ar~t returning capt
tnl aud then dividing proits-
The erect Of this error wzs to g1va
Cooley OF tneze goods hSl91
When he WIS entitled dto...--.......-.... G0-sas6s
When he was entitled dto............ 49,. 4l6ks.4l
And 10 give Fa1weA.- 2ASt. &
Mhs1 hs Eas entitled 70 only: .:.;...:+:: a99s. sG
a1S.ce0 more ,han his due. THIS mode. OF li1lsion
vas erroneous, and WIS likely 10 deeetve 3lr.
The next error noted Is N the matter Of interest
| In Cooley, Farwell i Co. The books chasEc part
ners with interest Or aeac1ts nom the following
Cooley rom The sum of.....-..- COO %
Wa1eWoEth ffum the sum of. -. 6n000.Qu
And credit Mr. Farweu Interest on the
The etset @ Of this mode of charging md cssditin;
interest II enots ate corrected WIS 70 diminish Nj
WadswoEth.e credit balance about 80 QUO and to In
Upon IN examination Of the ccpartnershjp arti
cles, an Of the opinion that he parties didn't to
tend that this should be charged It should
The account. ...
1t Is claimed in the answer that this interest was
charged under verbal agreement cotempogaueoa4
Will ne cop7rtuersh'p a1t1cles, but the evidence
The bearing Of these errors upon tha seFreme1,
Of dissolution Is Obvious. Mr.. Wadsworth dld9'
tale Of his interest under ntenpqtedensiooaa. oa.
This. Mr. FarWell was bound to conret. ont Ho m 81.
ds T. hS snl'y yrhish b ESnst :;nIsa A.
| condition IN the trm enormously. .tr,,t anu
The agreement Of dikol1t1on cannoe one,oeeed Is u