Kettler v. Kettler
Kettler v. Kettler
Opinion of the Court
This is an action to dissolve the partnership between the parties and for an accounting.
The plaintiff is the father of the defendant, and in his
“Your petitioner further states that he is a man far advanced in years, to-wit, seventy years of age, and of feeble health and mind, while his partner, his son, defendant herein, is a young man, to-wit, twenty-seven years of age, and of vigorous mind and body; that said agreement was entered into at the request and earnest solication of defendant and against the inclinations and by the reluctant consent of plaintiff; that by reason of defendant’s relationship to plaintiff and of the great disrepancy between their ages, and physical conditions of body and activities of mind defendant had at the time of entering into said agreement a great and overpowering influence over plaintiff, all of which defendant well knew.”
The defendant in answer to the petition makes a number of specific denials, among others the existence of the part
“First — That the total original stock was $1,728.37 of which the plaintiff put in $725 and the defendant $1,003.37.
“Second — That the partnership made net gains over and above all its expenses and liabilities, and that the amount thereof during that period covered from December 30,1886, to June 18, 1887, is $517.
“ Third — That the amount of the net assets of the firm on June 18, 1887, is $454.84.
“Fourth — But that the net assets of the firm on June 18, 1887, should be the original capital stock, $1728.37 plus the net gain, $517, or $2,245.37.
“Fifth — That there is a shortage in the firm’s assets, and that the amount thereof is the difference between what the net assets are, viz., $454.84, and what the net assets should be, viz., $2,245.37 or $1,790.53.
“ Sixth — I find that C. U. Kettler, the defendant, exercised the general management and control of the business of the firm; did all the buying for the firm, and paid out all moneys; was the sole custodian of the daily receipts of the firm; made all deposits in the bank and signed all checks; in short, that he had the exclusive personal control of the entire finances of the firm from the beginning to the end.
“Seventh — I find that the individual interest of C. H. Kettler, the plaintiff, in the firm on June 18, 1887, after all his share of the debts and liabilities are deducted, to be the sum of $901.97.
“findings of law.
“ I find that C. U. Kettler, the defendant, is liable for the shortage above discovered, viz., the sum of $1,790.53”
Exceptions were filed to the report, which were over
The report of the referee is very full and the reasons for his findings are set out at length therein. Those reasons in the main are correct and the findings of fact are fully supported by the evidence.
The judgment is therefore affirmed.
Judgment affirmed.
Reference
- Full Case Name
- Charles H. Kettler v. C. W. Kettler
- Status
- Published