Pugh v. . Newbern

Brogden, I.

The question of law presented is this: Has one partner the right to have the other partner arrested for an alleged wrongful conversion of partnership funds in a civil action brought for an accounting ?

The general rule is that one partner cannot sue another partner at law until there has been a complete settlement of the partnership affairs and a balance struck. Graham v. Holt, 25 N. C., 300; Newby v. Harrell, 99 N. C., 149; Loan Association v. Ferrell, 114 N. C., 301; Ledford v. Emerson, 140 N. C., 288; Dowd v. Holbrook, 152 N. C., 547; Martin v. McBryde, 182 N. C., 175.

Thus, in…