Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1907-01-25
Order of Publication.
Herbert Claude VS.. Aloyslus G. Joy.
n the Circuit Court for Montgomery county.
No. 22Ss Equity.

No. 1888 Equity.
THE OBJECT of this suit is to obtain a
Il dissolution of the partnership existing
between the plaintiff, Herbert Claude, and the
defendant, Aloysius @ JOY; the appoint
ment of receiver or receivers to take charge
OF the partnership assets and TO preserve the
same during the tendency OF this suit, and a
decree for the sale Of said partnership assets,
aud distribution Of the proceeds derived
from snch sale among the parties entitled
thereto.
The bill alleges, in substance, as follows,
viz:
/. Your complainant represents that he is
resident Of the town of Chevy Chase, coun-
t OF Montgomery, State Of Maryland.
Q. The defendant, Aloysius g. Joy, is a
resident Of the City of Washington, District
Of Columbia.
8. Your complainant represents that ON, to
wit, In the year 1897, he entered into an
agreement with one Maurice Tally whereby
it was agreed to put up some buildings for
amusement purposes at or near Chevy Chase
Lake in the county Of Montgomery, State of
Maryland, at q cost of nine hundred dollars,
($900,) and to conduct an amusement resort,
each party to share equally in the profits
That the buildings for said amusement pur-
poses were erected in accordance with said
agreement and that the cost of the erection OF
the buildings was subsequently, deducted
from the profits derived from said business.
That on, 10 wit, in the year 1898, your COM
plainant and the said Maurice Tally verbally
agreed with the defendant Aloysius @. Joy,
who was and is an ice.cream manufacturer,
that the defendant should conduct the cafe
and supervise the amusement feature of the
al oresaid business under the direction and
general supervision of your complainant, and
said defendant Joy, under said agreement,
was to receive one-third Of the net profits de-
rived from the said business, the remaining
two-thirds to be divided equally between the
complainant and the said Maurice Tally
The said business was conducted in the coun-
ty Of Montgomery and State of Maryland.
The defendant Joy, when he entered the part
nership, advanced no money for the conduct
OF the enterprise That since the said joy
entered the said partnership hereinbefore re-
ferred to an addition has been put on the cafe
building at cost Of three or four hundred
dollars, shed for use as Q shooting gallery
has been bought at a cost of about one hum
dred dollars, ($l00), a soda fountain has
been bought for about three hundred dollars
$4,000, four or Eve boats bought costing ap-
proximately seventy-6ve dollars ($76). and
six swings costing about fifty collars $3.50,
and chairs and tables costing about one hum
dred and fifty dollars ($l50) The costs of
the buildings and articles referred to were
paid out Of the profits of the partnership bu.
siness.
4. Your complainant alleges that the said
Tally died about the year 1908, and his es-
tate received one-third Of the net profits de-
rived from the business until and including
1904, and that his estate has now released
and relinquished all right, title and claim in
and to the said partnership and the assests
thereof. That since the year 1905, namely,
during the year 1905, the said defendant Joy
and your complainant have been sharing the
profits equally which have been derived from
the partnership business.
8. Your complainant avers that the oral
partnership agreement between himself and
said Joy is not for any specified time, but is
partnership at will and can be dissolved and
determined by either party thereto at his OPP
ton.
6. That the assets Of the said partnership
consist Of the cafe building, soda water foun-
tain, table and chairs, bowling alley, shoot
ing gallery, ten boats, six swings, of the
value approximately one thousand dollars,
$4,000. That the partnership business
owes no debts and there are no outstanding
accounts In favor Of the said partnership.
1t is thereupon, this 3rd day of January,
A. D 1907, ordered by the Circuit Court for
Montgomery county, that the plaintiff, by
causing copy of this order to be inserted in
some newspaper published in said Mont
gomery county, once in each of four success
sive weeks before the 28th day of Janu-
Der, A. D. 1907, give notice to the said de-
PENDANT Aloysius q. Joy, of the object and
substance of said BILL warning him to sp.
pear in this Court in person, or by solicitor,
on or before the 10th day of February, A. D.
1907, to show cause, If any he has, why q
decree ought not to pass as prayed.
JOHN L. BRUNETT, Clerk
Circuit Court for Montgomery county.
True copy-Test
jan Aid JOHN L. BRUNETT, CPk.