Berthiaume

This is an appeal from a judgment entered after demurrer sustained to plaintiff’s second amended complaint without leave to amend. The action is against Groom as principal, and defendants Levy and Flinn, as sureties, on a bond of Groom as receiver, given in August, 1907, in an action between partners, then pending in the superior court of the city and county of San Francisco, wherein Thomas Bonner was plaintiff and Henry Berthiaume, this plaintiff, was defendant. After the bond was given by the receiver the superior court made an order directing Groom, as receiver, to take possession of tbe assets of the parties and to sell and dispose of all the effects belonging to the partnership.

[1] It further appears from the allegations of the second amended complaint that in 1916, some nine years after his appointment, Groom rendered a report which, after objections made and considered, the court settled. It charged Groom with $5,000, the reasonable value of the personal property which came into his possession, credited him with $2,392.50 as proper disbursements as receiver, and without in any way -adjudicating the rights of the parties to the action, the court directed that he forthwith…