Goldthwait v. Day

This is a bill for an account, brought by the administrator of a deceased partner against the surviving partner. The case was referred to a master to state the account, and he has reported that the sum of eighteen hundred and thirty-one dollars and fifty-nine cents is due the defendant. Nearly three months after the bill was filed, the estate of the plaintiff’s intestate was represented insolvent, and commissioners were appointed. The plaintiff excepts to the master’s report, on the ground that the defendant’s only remedy was to prove his claim before the commissioners.

We need not consider…