Montanye v. Hatch

• Decision Date: 30 April 1864
• Parties: JOHN MONTANYEv.ISAAC HATCH et al., Adm'r of CHESTER POTTER, dec'd.
• Court: Illinois Supreme Court

34 Ill. 394

1864 WL 2996 (Ill.)

JOHN MONTANYE

v.ISAAC HATCH et al., Adm'r of CHESTER POTTER, dec'd.

Supreme Court of Illinois.

April Term, 1864.

ERROR to Circuit Court of DeKalb County.

The case is sufficiently stated in the opinion.

Leland & Blanchard, for plaintiff in error.

Gray, Avery & Bushnell, for defendants in error.

BECKWITH, J.

This is a suit in equity to close the affairs of a copartnership between the plaintiff in error and one Chester Potter, deceased, of whose estate the defendants in error are administrators. The copartnership was admitted, and its affairs were unsettled. The circuit court stated an account between the parties, and rendered a decree for the sum found due. There was no allegation or evidence of any outstanding debts or liabilities of the firm, and no account was required touching them. The court had power to perform the duties ordinarily performed by its master in stating the account between the parties. No injustice was done to either party, as each had the same rights before the court in regard to the production of books, examination upon interrogatories, etc., that they would have had before the master. 29 Ill., 500; Jewett v. Cunard, 3 Wood & Min., 277.

We are satisfied that the decree does the plaintiff in error no injustice, and it is affirmed.

Decree affirmed.