44 Iowa 20 | Iowa | 1876
I. The petition alleges a ¡zartnership, and a dissolution thereof, and that defendant is in possession of the partnership assets and refuses to account to, or settle with, plaintiff. The assets are alleged to be. certain furniture, fixtures, stock and materials, of the value of $800.00. The appointment of a receiver is prayed for, and after the payment of the partnership debts, it is asked that an equitable division be made between plaintiff and defendant.
There is. an answer admitting a partnership as alleged, and averring that said partnership was formed for the sole purpose of carrying on the business of keeping a gambling house, and for the sale of intoxicating liquors contrary to law, and that the capital, fixtures, furniture, lease, and everything belonging to said partnership, were contributed for said illegal purposes, and none other. It is further alleged that the parties never were partners in any other business excepting the illegal business aforesaid, and that the property, assets, etc., referred to in the petition, have reference to such illegal business, and none other. It is further alleged in the answer, that the question.as to the appointment of a receiver has been adjudicated before Hon. J. E. Zuver, Judge of the Circuit Court, in vacation, upon a petition and answer containing the same allegations as the petition and answer in this case, and that such order was by said Judge l’efused, and that plaintiff afterward dismissed said cause in the Circuit Court.
The plaintiff files a reply, in which he denies that said partnership was formed expressly for the purpose, and was carried on subsequently thereto, for the sole and only purpose of carrying on the business of keeping a gambling house and for selling liquor contrary to law, and denies that the parties were not partners in any other business excepting the alleged illegal business. The reply further alleges that said partnership was formed for the purpose, among others, of selling cigars and lager beer, and that said partnership during all its existence
II. It is claimed that, as this was a partnership entered into and carried on solely for the purposes of keeping a gambling house, and selling liquors contrary to law, no proceeding in the nature of an action can be maintained to enforce the partnership contract. It is true that the law leaves the par
Affirmed.