Ferry v. Henry

Decided September 29, 1826

Massachusetts Supreme Judicial Court · decided 1826-09-29

<p>Where the complainant had agreed to sell goods for the defendant for four years for half of the profits, and the defendant agreed to board and clothe him out of the goods, and the complainant transacted the business accordingly, and at the end of the term the defendant possessed himself of the books and papers of the concern and detained them from the complainant, it was held, that the complainant, if he was not a partner of the defendant, had at least a joint interest in the books and papers, and so was entitled, under St. 1823, c. 140, [see Revised Stat, c. 81, § 8,] to a remedy in chancery against the defendant»</p>

Decided 1826-09-29

Per Curiam.

¶1This demurrer is overruled. The case stated ln the bill is either that of a partnership between the complainant and respondent, or that of a joint interest in the funds of the store, either of which cases is within the provisions of the statute of 1823 giving jurisdiction to this Court as a court of chancery.1 A discovery is necessary to enable the complainant to know his portion of the profits, and the books and accounts of the store must be produced for the purpose of malting a settlement, unless by the answer which may be filed it shall appear that the bill ought not to be sustained.

¶2 See Revised Stat. c. 81, § 8