The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-29
SEPTEMBER TERM, 1898.

In this case an appeal was by plaintiff decision
Of the Circuit Judge of Circuit sustaining defendants
demurrer to the amended and dsmsng the plaintiffs
bill without prejudice The for the Judges decl
sion plaintiff should have sought general account
ing The in plaintiffs bill appear be the fol
lowing:
On April 15 1885, the parties entered partnership
under articles writing, styling the firm name "A v Gear
purpose carrying the business OF real estate stocks
bonds and year the articles provided Tor the
rendering of full and correct accounts to each other once III
thirty DAYS or oftener if necessary clear, adjust and
deliver each other their just share etc. and at the END
Of their partnership they each other fully and
correctly then remaining should be divided De
tween them agreement made part OF the bill After
the expiration of the parties agreed "
continue and carry business changing the name OF the
firm to "a V Company and the business was carried
on thereafter under that firm until on or about the
ninth of October 1897 which implies that the partnership
was then dissolved It further alleged that tor certain re
sons all the purchases land by the firm made IN PLAN
tifs name That August 1891 negotiation took place
for purchase of lot from Princess haulan ana "he COLI
sunmated deed was conveying the land to palntl
according to usual of the partnership hat on Tue
9TH day of October 1897, defendant intending to deprive pam
tiff of any in this land purchased by the partnership
did frauduleny secretly and unknown to plaintiff prepare
another himself grantee, and on the oth OF
procured the be executed and delivered to himself
That defendant has since hold the said land for his
e and benefit denied that plaintiff the partnership
has any legal equitable rights therein
The bill further contains tender OF payment of onehd
Of the consideration paid defendant for the land The
PRAYERS of are, that the defendant be declared TO
be trustee to the plaintiffs of undivided half OF the
land I'd that required convey to plaintiff said IN
divided half 3d. that he to plaintiff Tor the rents
issues and profits the land since the date OF its acquisition
by defendant; 4th, for general relief
The allegations if proven sufficient make where
equity and should interfere.
The doctrine that arising from partnership relations
can brought by partner against the other unless for
general accounng exceptions. One OF these exceptions
is presented in the case before us which partner seeks
cain an advantage to the exclusion of the other partner through
transaction which apparently lies within the scope of the
nershp business partnership had been dissolved all of
the other partnership probably had been settled
vded agreement partnership and probably nothing
unsettled except the transaction in question which IS
such cone partner has sought withhold from his copart
ner the profits arising from transaction. Lind
7ey 947 case presents the exceptions the rule
that equity will jurisdiction of special
accounting between coparner and that general accounting
must asked for afford adjustment of the special
of ComsOck Buchanan 81 Barb 1877 is in point
The brought have the defendant declared trustee
stock claimed be partnership property and which defend
ant in his No general accounting
prayed The relief granted and the decree affirmed
the of Settembre Putnam 80 Cal 400 where among
other things the plaintiff prayed for final accounting and
defendant be declared hold certain in
quicksilver mine for plaintiff himself
Jointly the general accounting refused the specific
asked for establishing his rights conveyance of the
interest which he claimed be entitled was granted
Plaintiffs further supported by authority OF
stothers Pcorce ct a. 81 N. Y. 357 Mitchell Reed 81
N. 7. 1913; CJegg Z Edmondson, De G.. NJ. & G. 7s7:
Feathersonhaugh u. FcntcicE, II Yes. 29S.
It is immatera whether the partnership between plaintiff