188 Mass. 502 | Mass. | 1905
To this bill in equity the defendant Lawson has demurred generally and on special grounds. It is averred in the bill that the firm of Lawson, Weidenfeld and Company, of which the defendants Lawson and Weidenfeld were members, acted as brokers and fiscal agents for the plaintiff for a series of years, and in that relation received and disposed of a great deal
The charges of fraud and error are sufficient, both in form and substance, to entitle the plaintiff to present its case in evidence.
The allegations of fraud, collusion and conspiracy on the part of the managing officer of the corporation who controlled the other officers are important, as explaining the long delay of the plaintiff in seeking a remedy from the defendants. Except for some such explanation, the plaintiff would appear to be bound by the acts of its officers in accepting these accounts and treating them as true, and would be barred by laches in neglecting to bring its suit earlier. But if this part of the case is proved, the statute of limitations will not be a bar and no laches will appear. Wells v. Child, 12 Allen, 333, 335. Gould v. Emerson, 160 Mass. 438, 440.
It has not been contended that these two joint defendants are not liable for everything done since the dissolution of the partnership in the regular liquidation of the business of the firm.
That part of the bill which relates to the interest of the defendant Lawson in the business of the firm of Lawson, Arnold and Company is included rightly, for the purpose of obtaining an equitable attachment under the R. L. c. 159, § 3, cl. 7.
The bill is not multifarious. It purports to present but one general ground of relief, which includes many details, namely, a right to the correction of errors in the accounts.
The reference to the receiver was immaterial and should be stricken out. In all other particulars the defendants’ motion to strike out is denied.
Demurrer overruled; motion to strike out denied, except in the part that refers to a receiver.