Cunningham v. DeMordaigle

From a judgment in favor of plaintiff after trial before the court without a jury decreeing that he is entitled to $3,900 to be paid “only out of funds on deposit or other assets of” a joint venture, defendants appeal.

The conceded facts are these:

On February 25, 1946, the trial court entered an interlocutory judgment finding that plaintiff and defendants were joint venturers. A reference was ordered for the purpose of an accounting. An accounting was had and when returned to the court, objections were filed thereto. After a hearing of the proposed accounting and objections thereto the trial…