Hollister v. Barkley
Superior Court of New Hampshire
In equity. An abstract of the bill and answer may be found, 9 N. H. Rep. 230. The case having been committed to a master, to state the partnership accounts; upon the coming in of his report, it appeared, that after it was so committed, the parties filed what were called an amended bill, and an amended answer, being in fact a detailed statement by the plaintiff of the partnership affairs, and of his claims, with additional interrogatories to the defendant, and an answer by…
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In equity. An abstract of the bill and answer may be found, 9 N. H. Rep. 230. The case having been committed to a master, to state the partnership accounts; upon the coming in of his report, it appeared, that after it was so committed, the parties filed what were called an amended bill, and an amended answer, being in fact a detailed statement by the plaintiff of the partnership affairs, and of his claims, with additional interrogatories to the defendant, and an answer by the defendant to these interrogatories, with a statement of his claims. Upon these papers, and upon evidence laid before…
1Opinion of the Court
Parker, C. J.*
According to the present English practice, there are two modes of taking accounts in the master’s office ; the one in the form of a debtor and creditor account, brought in by the accounting party; the other by examining such party upon interrogatories ; and these two modes are sometimes combined in taking an account. 2 Smith’s Ch. Pr. 114; Gresley’s Eq. Evid. 395. The rule in New-York is the same. New-York Ch. Rules 79, Rule 107; 4 Paige’s R. 112, Story vs. Brown. The debtor and creditor account is prepared as an affidavit, and this affidavit is a substitution for an…
2Cases cited3 opinions
- Matthews v. BarnesTennessee Supreme Court · 1927
- Cockrill v. Peoples Savings BankTennessee Supreme Court · 1927
- Mahurin v. BickfordSuperior Court of New Hampshire · 1834
3Cited by3 opinions
- Ex Rel. Reinhart v. CallahanNevada Supreme Court · 1924
- Bellows v. StoneSuperior Court of New Hampshire · 1846
- Ross v. RussellSuperior Court of New Hampshire · 1855