69 Iowa 710 | Iowa | 1886
I. The petition shows that the plaintiff and defendant Mantz are copartners in the business of quarrying stone; that the defendant the Keokuk & Northwestern Railway Company is indebted to the firm in a large sum for stone sold to it; that plaintiff, having no access to the books of the firm, has no knowledge of the amounts of money received by, Mantz, who, in the business, acts fraudulently and in bad faith, and is insolvent; that the railroad company is about to pay him a large sum of money which he claims is due him individually; and that plaintiff will suffer irreparable loss and injury thereby. The petition prays for an accounting between the partners, and that plaintiff have judgment for the amount due him; that a receiver be appointed to take charge of the business and property of the firm, and that a temporary injunction be allowed against the railroad company, restraining it from paying over the money until a receiver be appointed in the case. On the day the petition was filed a temporary injunction was allowed, as prayed for in the petition. Defendant Mantz, by an answer and cross-bill, among other things, alleges cause for the dissolution of the firm, and an actual dissolution by agreement. lie denies the charges of fraud and bad faith, and the allegation of the petition that he is insolvent, or that he refuses to make settlement with plaintiff of the affairs of the firm. He further denies that there is any sum due from the railroad company to thecopartnership, and that whatever sum it owes is due to the-
V. Defendants complain of the accounts stated by the referee. They do not present to us the account in full, with sufficient of the findings to enable us to determine as - to its correctness. It is therefore impossible for us to pass upon this objection to the account.
The decree is reversed, so far as it contains a judgment against the railroad company. In other respects it is affirmed,-