90 Va. 653 | Va. | 1894
delivered the opinion of the court.
The facts disclosed by the record are, that John 14. Compton and Gordon C. Thorn and E. F. Neel were partners in a mercantile firm under the name of E. F. Neel & Co., in the county of Giles, in Yirginia, which partnership ceased active business long prior to the late civil war, and was heavily involved in debt, for which suits were instituted in the circuit court of Giles county, where they pended until the formation of Bland county, in 1861, when they were removed to the circuit court of Bland county, where they were continued until 1873; when the said suits were compromised by the execution and delivery of the bonds, with satisfactory security, of the said John R. Compton and said G. C. Thorn, surviving partners, E. F. Neel being then dead, and having, many years previous, left the State of Virginia.
When these bonds became due they were sued upon and judgment was obtained, and executions sued out; and they were paid by the active surviving partner, John R. Compton. G. C. Thorn died previous to the institution of this suit against his widow and heirs and personal representative in 1886, claiming that the said John R. Compton was only justly entitled to pay one-half of the aforesaid debts; and praying for substitution, as to one-half of the payments made by him, against the estate of G. C. Thorn, deceased.
To this bill, Gordon Wohlford, sheriff of Bland county, and, as such, administrator d. b. n. of G. C. Thorn, deceased; J. W. Thorn, Angus C. Thorn, G. A. Williams, and M. S. Williams, his wife; M. J. Thorn, Lizzie S. Thorn, Hannah J. Thorn, and Lula M. Thorn, an infant, were made parties defendant.
The said defendants demurred to and answered the bill, denied all the material allegations, and called for strict proof and for a settlement of the partnership accounts; and pleaded the death of parties and lapse of time and laches, and the statute of limitations. The answer of Gordon Wohlford, sheriff, &c.,
The answers of the other defendants deny that the complainant is entitled to recover against the estate of G. C. Thorn, deceased — in the hands of his widow and heirs — on account of the partnership debts in the bill mentioned, which he claims to have paid.
Upon the hearing of the cause the circuit court entered the decree appealed from, dismissing complainant’s bill. We are of opinion that the bill was properly dismissed.
It appears from the record that the concern of E. F. Neel & Co. — composed of E. F. Neel, John E. Compton, and G. C. Thorn — did a country mercantile business in Giles county, Virginia (now Bland), for some years previous to the late civil war, quitting business in 1859, at which time E. F. Neel, who had been the active managing partner of the firm, got into trouble and left the State. Then and thereupon John E. Compton, the complainant in this suit, took possession and exclusive control and management of the large stock of goods on hand, and of the accounts and notes due the firm, and undertook to close up and settle the partnership business. The proof is, that the assets of the firm, which wont into his hands and under his control, and for which he has never rendered any account (nor stated any in his bill), were ample to meet all the debts and liabilities of the firm; and, now, after the
The bill is defective and demurrable, because it prays for subrogation to the rights of creditors against a co-partner, without a settlement of partnership accounts, and without set
The bill was properl}' dismissed withal, because the evidence fails utterly to establish the merit of the complainant’s claim.
Eor the foregoing reasons we are of opinion to affirm the decree of the circuit court of Bland county appealed from, in which we find no error.
Dejree affirmed.