143 Ky. 415 | Ky. Ct. App. | 1911
OPINION OF THE COURT BY
Affirming.
This action in equity was instituted by appellant against appellee to obtain a settlement of a partnership, tbe business of which was conducted by them in tbe years 1904 and 1905. It was alleged in tbe petition that a complete settlement of tbe partnership accounts would show appellee indebted to appellant in the sum of $454.52, and for this amount tbe latter prayed judgment.
Tbe appellee’s answer and counterclaim denied any indebtedness on bis part to tbe partnership or to appellant, and alleged an indebtedness of tbe latter to him of $6.11.45, for which he prayed judgment. After the completion of the issues the case was referred to a commissioner to state and settle the partnership accounts. He took proof and reported a settlement which showed a balance due appellee of $15.50. Both parties excepted to the report. Upon submission of tbe case tbe court sustained many of tbe exceptions and found there was due appellee from armellant $328.10, for which the former was given judgment and from that judgment this appeal is prosecuted.
The parties agreed, save in one particular, as to tbe terms of the partnership. Its business was that of buying and selling stock in Hickman Countv. Appellant was
The circuit court also found from the evidence that the firm was indebted to appellee in the further sum of $557.34, made up of $236.67, proceeds of sheep; $1.18.11 proceeds of hogs; $21.90 proceeds of a steer, all of which stock was appellee’s individual property, but was sold with stock of the firm and the proceeds deposited in bank with the proceeds of the firm’s stock to the credit of appellant. The remainder of the charge of $537.30 was made up of an item of $66.00, the value of corn fed by appellee to stock of the firm at appellant’s request; $20.91 in merchandise furnished one Twyford at appellant’s request; $15.40 account for merchandise furnished appellant himself; $36.60 paid .Jo Evans at appellant’s request; and $41.75 paid one Vaughn at appellant’s request.
The items of merchandise appellee furnished appellant and Twyford, and of cash he furnished J. O. Evans, and Vaughn, were not matters that properly entered into the settlement of the partnership, but it does not seem
So, the account between appellant and appellee was finally stated by the court below as follows:
D. T. Byassee to J. W. Evans, Dr.
To one-half of excess of amounts deposited by Evans’ over checks . $250.72
To one-half of excess put in firm by Evans over amount put in by Evans over Byassee 87.42
Total amount Byassee’s indebtedness to Evans . $338.14
It will be observed, however, that the amount for which appellee was given judgment against appellant was $328.10. This amount was arrived at by the court’s deducting from the $338.14 balance found in appellee’s fav- or, $10.00, which he checked out of the firm’s money in thei bank and applied to his individual use. This was the only money of the firm that the evidence shows appellee appropriated to his personal use. He admits its appropriation and was properly charged with it, but in subtracting the $10.00 from the $338.14, the court took no account of and knocked off four cents, making the amount for which appellee was given judgment, $328.10 instead of $328.17, the actual balance.
It is claimed by appellee in his deposition that in addition to the deposits totaling $12,391.44 he had in bank, there was another of $1,519/63 realized from the sale of two car loads of cattle in East St. Louis; and that as appellant had checked oiit the $1,519.63 he should have been made to account therefor to the firm. The circuit court very properly, in our opinion, refused to charge appellant with tins item. We think it reasonably apparent from the evidence that the deposit in question was not
For the reasons indicated the judgment is affirmed.