Metz v. Emery

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by W. F. Metz against J. D. Emery, a former partner, asking for an accounting of the partnership business and the recovery of certain sums of money alleged to be due from him to plaintiff and for one-half of the profits of the business as might be found to be due by the accounting. In his original petition he alleged that during the partnership Emery was in the active management of the firm business and that he appropriated and converted to his own use various assets and sums of money belonging to the partnership…