Quackenbush

We do not regard the action in this case, as does counsel for the appellant, as an action for the settlement of a partnership account.

In substance it is alleged, in the complaint in the case, that the parties had severally advanced certain sums of money in purchasing the “ circus property ” mentioned in the complaint; that they then entered into an. agreement that the defendant should take and keep possession of the property, and cause it to be used and employed by circus companies or managers for the joint benefit of himself and the plaintiff in equal shares; that in using or employing it for this purpose, he should make provision that the “ rent or compensation ” receivable for the use of the property should be first paid to him, and that, upon collecting or receiving such “ rent or compensation,” he should account therefor, and pay it over every month to the plaintiff, until the money which plaintiff had advanced for the purchase of the property, and interest thereon from the time of its advancement, should be paid; and after such payment, defendant should account for and pay over to the plaintiff one-half of said rent or compensation. And it is charged that the defendant…