Moseley

The appellant, who was plaintiff below, brought this suit against his brother, Lawrence C. Moseley, and the other three appellees, for an accounting following the dissolution of an alleged partnership. After trial in the court below, whose jurisdiction derives from the diversity of the citizenship of the parties, the court awarded appellant a judgment for $26,150.70.

The court found that the partnership was dissolved on October 31, 1947, and the amount of its judgment was made up of what the court determined to be the value of the plaintiff’s share of the partnership assets on that day plus a certain amount found owing to plaintiff on account of firm earnings prior to the date of dissolution. Although the judgment was thus in favor of appellant, he appeals from it on the ground that the court unduly limited the relief to which he asserts he was entitled.

Appellant’s principal grievance arises from his claim that upon the dissolution of the partnership, the defendant-appellee Lawrence Moseley, without appellant’s consent, retained the business- and business assets and transferred them to the appellee corporations, and thereafter, with the appellee Franzus, continued to carry on…