The petition of the plaintiff showed The plaintiff isa British subject resident The defendant is a Br dent at Shanghai aforesaid.
3.—The defendant on the 6th di 1899, entered in a contract in the plaintiff whereby it was mutually anted and agreed that the said parties, thereto should become partners equally in the business of hotel and restaurant, proprietors upon and subject to the conditions therein contained to which said contract the plaintif craves leave to refer on the trial of this suit.
4.—The plaintiff has fulfilled and is ready and willing to fulfil all the terms of the said contract, but the defendant has refused and still continues to refuse to carry out the terms of the said contract.
5.—In particular the defendant has neglected and refused and neglects and refuses to make proper entries therein as required by paragraph 9 of the said contract, and has obstructed the plaintiff and prevented hi from buying free access to inspect, examine and copy the partnership book, xn has not been faithful to the plaintiff in all partnership transactions, and has neglected and refused 10 furnish' the plaintiff with correct accounts and statements as required by paragraph 10. of the said contract of partnership, and has contrary to paragraph 11 of the said contract. of partnership without the consent of the plaintiff engaged and discharged servants, in the employment of the partnership, and has s0 acted as to pre-judi the carrying on of the said partnership business.
The plaintiff therefore prays 1.—That it. may be decreed that the said partnership may be dissolved and the affairs of the partnership wound up.
2—An account be taken of the partnership dealings between the plaintiff and defendant under the said contract of the 6th day of December 1899 and that the amount found to be due the plaintiff thereunder may be forthwith paid to him.
3.—That the sum of $5,000 paid by the plaintiff under the said contract as his share of the capital of the said partnership be re~ turned to him with interest thereon at the rate of 7 per cent per annum from the said 6th day of December 1899—or in: the alternative 4.—That the defendant do pay to the plaintiff the eum of $5,100 damages for breach of the eaid contract.
5.—That the defendant do pay to the plaintiff his cost 6.—That the intiff may have such farther or other relief as this Court may seem meet.
Mr. Wilkinson in opening, spoke of the proceedings which had been taken in this case, und went on (say that this motion was made under the Partnership Act of 1890, and Se 34—35, Vie., Eh: which dealt with the various ounds of voluntary and judicial separation. The Jatter Inid down that when. partner became permanently incapable, or miseonducted himself, or wilfully committed breaches of the partnership agreement the Court might order a dissolution. In this case the plaintiff had carried out all the terms of the contract between the parties, but on the other hand the defendant had neglected t" keep proper books of account, had prevented the plaintiff from having access to any books, had refused to furnish correct accounts, and had discharged servants without the plaintiff's consent.
Then followed the reali alfidits sworn in support of the petition, which to the questions of the collection nies by the neglect enter such collections properly, the "eof stores (nut accounted for), of bills in the name of the pi and not of the ud so on. i wil went on to deal with in these affidavit: His jelieut. wanted oh been conducted to the interests of the partners Mr.
Ie with the qu-stion of ver, quoting ities tv shew that the Court could ly his Lordship ssid he could not cone of he partiosegs receiver and d Me. Will an index lent. perse Mr. Ellis that as Mr. Wilkinson Jasked for some form of relief it was hi duty to show that he was not entitled to it.
His Lordship remarked that manifestly it for the busi with the parties in such a state of mind, Eventually the ease was adjourned antu Saturday, that the parties might, if possible, agree us to a receiver.
13th January.
This was the adjourned hearing of Curt active dealing with the part-motion to restrain the defendant, W
nership: business of the parties, and for the sppsintment of ressiver to manyze i until the final hearing of the action. Mr. H. P. Wilki appeared for the plaintiff, and Mr. F. Ellis (Messrs. Browett and Ellis) for the defendant.
Mr. Wilkinson said the parties had been able to agreoasto the gentleman who should act as receiver and manager of the business. His name was Thomas Dangerfield Coulter.
Mr. Ellis said this was acceptable.
Mr. Wilkinson suggested that the parties should continue to live in the separate buildings as hitherto, and not interfere with the business pending the final hearing of the matter.
His Lordshi A that xo long as the partners lived in different buildings they should not interfere with the business except ava servant would interfere at the request of a master, That master, in this, case, would for the present be Mr. Coulter.
Mr. Eliis suggested that the defendant (Mr. Curtis) should be made a party to the necessary bond, as having " substantial interest in the business.
His Lordship thought it would be better if some outside security could be found. He asked the amount of the hond.
Mr. Wilkinson thought about $1,000.
Mr. Ellis sid he could assure his Lordship, in that case, that there would be no difficulty.
Thus the matter was left, the outside security having to be agreed upon before the hond is taken before his Lordship.
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Text read from the printed page and cleaned; old type leaves the occasional error.