Nixon v. . Morse

139 S.E. 170, 194 N.C. 225, 1927 N.C. LEXIS 52

Opinion

Peb Cubiam.

Plaintiff’s assignments of error upon his appeal to this Court cannot be sustained.

The jury has found that plaintiff and defendant were partners under the firm name and style of Richardson-Nixon Company. The notes sued upon, executed by defendant, were payable to the order of the partnership; the advancements were made by the partnership to defendant. Both the notes and the account for advancements are assets of the partnership. Neither plaintiff nor defendant can maintain an action against the other for the recovery of partnership assets. There has been no settlement of the partnership business. The claims of plaintiff and defendant, growing out of their dealings with the partnership, have not been adjusted. There has been no accounting between the partnership and its members, in order to determine their respective rights in and to the partnership assets.

The judgment is affirmed. There is

No error.