Falkner

This appeal is from the judgment, with a bill of exceptions.

The action was brought to obtain a dissolution of an alleged partnership, to have an account taken and for other relief. It was commenced March 11, 1876. At the first trial plaintiff recovered judgment, and defendants appealed, and that appeal was disposed of here October, 1889. (Falkner v. Hendy, 80 Cal. 636 .) The facts of the case appear in the opinion then rendered.

It was found that the partnership—if the relations between the parties could be so called—had. ended before the suit was brought, leaving in Hendy’s hands property in which Steen had a contingent interest, and which Hendy continued to sell from time to time after this suit was begun. By stipulation, however, it was found that Hendy had in his hands something more than ten thousand dollars which belonged to Steen. The question left to be determined was what interest or what share of the profits of Hendy’s business Steen was entitled to. After the remittitur was filed from this court Steen amended his complaint, made for the first time the corporation a defendant, and claimed that Hendy had actually realized a large amount of money from the use of the…