Tavzox and others (the Black Ball Pilot Company) v. D. C. CAMPRRLL. defendant to plaintifis, Claim for Tis, 237.77, money payable
Mr. R.A. Mowar read the decision of the Chief Judge in this case, the hearing of which occupied the Court on the 29th ulto, and 3rd inst.
Iam in some doubt-as to what decision ought to come to in a case of this kind. Wit out question, this Court, in the exercise of its equitable jurisdiction, has full power over all questions and matters affecting partnerships, whether between private parties or between members of public companies, being British subjects. In this case, certain of the partners of an ordinary partnership, called the Black Ball Pilot Company, desire' that one of their number, the defendant Campbell, who has received a dividend out of a certain fund be-Tonging to the partnership, should, in accord. ance with what they consider the meaning of the terms of the partnership, pay in certain earnings to the fund out of which the dividend was paid. Campbell contends (and certain others of the partners agree with him) that notwithstanding he has received the dividend, he is not liable to pay in his earnings. The first section base their demand on the meaning, anil intention of the partnership; the second on the fact that other partners have not paid in their earnings when in such private employment as the defendant, Campbell, was in, and yet have received dividends, though' not this particular one, It is difficult to say to what extent the partners who now make this claim, two of whom were not partners
Text read from the printed page and cleaned; old type leaves the occasional error.