Smith v. Fagan
Before: Baldwin
Synopsis
The complaint in this case, alleging that plaintiff and defendants are members of a joint stock, company known as the “ Miner’s Ditch Company,” that defendants exclude plaintiff from participation in the business or benefit from it, that they have received large sums of money from the same, and refuse to account or pay him anything, etc., entitles plaintiff to relief by a decree affirming his interest and directing an account.
Baldwin, J. delivered the opinion of the Court Cope, J. concurring.
The order granting a new trial is affirmed. The bill shows a title to relief upon the ground of the plaintiff’s interest, as a stockholder or partner in the joint stock company mentioned therein; entitling him, if the averments were proved, to a decree affirming his interest, and directing an account. The plaintiff was entitled to an account, and we can see no error in the order of the Court’ for a retrial upon the facts, even if we .are. to regard the [182]statement as properly before us. If there be no statement, then there is no showing or presumption of error in the action of the Court.
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