Champion v. Williams

The defendant claims on the demurrer:

1st. The petition contains no allegations of an indebtedness due or probably due to the plaintiff.

In the case of Gary v. Kerr, 46 Ohio St. 652 the court, quoting from Bates on Part. Sec. 921, say, “any partner, after dissolution, or if there has been no dissolution, but he has grounds to seek it, can maintain *330a bill for an accounting, although he is a debtor partner, and no balance will be coming to him,” for he has a right to have the assets applied to the debts, to ascertain and reduce his ultimate liability.

If a debtor partner may maintain an action for…