Rouse v. Pollard

The opinion of the court was delivered by

Case, J.

This is an appeal by the complainant from a final decree in Chancery dismissing the bill as to all of the partners formerly of the law firm of Riker & Riker except Thomas E. Fitzsimmons against whom the decree ran as a judgment in the amount of $20,500 with interest and costs. The suit was to charge all of the members of the firm with liability for what was, in effect, an embezzlement of complainant’s funds by the defendant Fitzsimmons in the above named’ amount.

The appeal presents two main questions, one of fact and the other a mixed question…