Kan v. Tsang

DOOLING, J.

This is an appeal from an order allowing respondent Butterworth $4,000 for services as receiver and respondent Mahaney $6,000 for services as the receiver’s attorney.

The action was one for the dissolution of a partnership and for an accounting. The partnership was formed for the operation of a restaurant in San Francisco known as the Cathay House. The partnership was a limited one, the appellant Tsang being the only general partner and as such having full management of the business. Serious friction developed between Tsang and some of the other partners, in particular the plaintiff John Kan, which led to other litigation including that decided by Division One of this court in

Tsang

v.

Kan,

78 Cal.App.2d 275 [177 P.2d 630]; and shortly before the commencement of this litigation Kan had gone so far as to appear in the restaurant premises armed with a gun. The complaint prayed for the appointment of a receiver and the court appointed the respondent Butterworth. No appeal was taken from the order appointing the receiver and the fact that counsel for the appellants herein may have opposed the appointment before it was made can have no bearing on the only questions presented on this appeal, which are whether the evidence is sufficient to support the allowances made by the court and whether the court abused its discretion in denying a motion to reopen the proceedings for further cross-examina

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tion of the respondents after the matter had once been submitted for decision.

The receiver was appointed June 3, 1946, and immediately took over the property and business. He continued Tsang in the management thereof under his supervision, no change being made in the manner of operation or in the employees of the restaurant. On August 15, 1946, upon application of the receiver the court authorized the employment of respondent Mahaney as his attorney. On August 8, 1946, an interlocutory decree of dissolution was entered by the court on stipulation of the parties and on August 30, 1946, the receiver pursuant to an order of the court sold at public auction all of the assets of the business “save and except only money and money in bank” to appellant Tsang for $25,100.