46 Cal. 204 | Cal. | 1873
One Jones brought an action against Clark and others, doing business as copartners with Jones, under the firm name of the “Dardanelles Mining Company,” for an accounting and a dissolution of the partnership. On the 20th of August, 1869, a decree was rendered for a dissolution of the partnership, and ordering a sale of all its property and effects, out of the proceeds of which it directed to be paid: First—The expenses of the sale. Second—Any balance due to the receiver. Third—Jones’ costs and disbursements in the action, taxed at five hundred and eighty-eight dollars and five cents. Fourth—To Jones, on account of an indebtedness of the partnership to him, the sum of eighteen thousand nine hundred and sixty-four dollars. Fifth—If there remained any of the proceeds after satisfying these sums it was to be distributed amongst the copartners in certain proportions fixed by the decree. From the decree the defendants therein appealed to this Court, which directed it to be modified, by deducting from the amount awarded to Jones the sum of one thousand dollars, and in all other respects it was affirmed. On the filing of the remittitur in the Court below, that Court modified the decree, as it was required to do, and in the order of sale which was issued, directed the Sheriff to compute interest at the rate of seven per cent per annum on the amount awarded to Jones, from the date of the original decree—August 20th, 1869—until paid. After the sale, and before the proceeds were distributed, Clark, one of the defendants, served a written notice on the Sheriff, protesting against the allowance of interest to Jones, and demanding that the fund be distributed without such allowance. The
I think interest was properly computed on the decree, and
So ordered.
Mr. Chief Justice Wallace did not express an opinion.