Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 75-202, 75-206, and former Code Section 14-8-41, in effect prior to the 1984 repeal and reenactment of this chapter, are included in the annotations to this Code section.

Jurisdiction in equity.

- Court of equity has jurisdiction in all cases of accounting and settlement between partners, if the partnership has not been dissolved. Johnson v. Townsend, 192 Ga. 522, 15 S.E.2d 790 (1941) (decided under former Code 1933, § 75-206).

Equity to retain jurisdiction of partnership accounting.

- When equity has assumed jurisdiction of a partnership accounting, it will retain jurisdiction so as to afford complete relief between the partners as to all controversies growing out of the partnership. Johnson v. Townsend, 192 Ga. 522, 15 S.E.2d 790 (1941) (decided under former Code 1933, § 75-206).

When plaintiff entitled to petition for accounting in equity.

- When it appears from the petition that a contractual duty rests upon a party defendant to furnish an accounting of the affairs of a partnership, and such party has the books and records in that partner's possession and refuses to produce them, the plaintiff is entitled to bring a petition in equity seeking an accounting. Giordano v. Kleinmaier, 210 Ga. 766, 82 S.E.2d 824 (1954) (decided under former Code 1933).

When partner has been wrongfully excluded from partnership, that partner may maintain suit for accounting, although there has been no dissolution of the partnership. Zerounis v. Berry, 199 Ga. 410, 34 S.E.2d 275 (1945) (decided under former Code 1933).

Since one general partner directly derived benefits from the conduct of the partnership without the other general partner's consent, the trial court did not err in granting to the general partner an accounting as to partnership affairs. Williams v. Tritt, 262 Ga. 173, 415 S.E.2d 285 (1992).

Petitioning partner entitled to accounting if something is due the partner.

- After payment of partnership debts, petitioning partner is entitled to accounting without necessity of showing any exact amount as due, if the petitioning partner alleges and shows facts sufficient to indicate that something will be found to be due to that partner. Johnson v. Townsend, 192 Ga. 522, 15 S.E.2d 790 (1941) (decided under former Code 1933, § 75-206).

Partner's agreement given effect in final settlement and accounting.

- If the partners have made an agreement that their shares shall be unequal, or that one shall pay to or for another partner a certain sum for acquiring a stated interest in the partnership assets, such an agreement will be given effect in a final settlement and accounting between the partners. Johnson v. Townsend, 192 Ga. 522, 15 S.E.2d 790 (1941) (decided under former Code 1933, § 75-206).

Accounting where defendant has no contractual duty to furnish accounting.

- If there is no contractual duty resting upon the defendant to furnish an accounting of the affairs of a partnership, a petition for an accounting must aver facts sufficient to indicate that something will be due on an accounting by the defendant. Giordano v. Kleinmaier, 210 Ga. 766, 82 S.E.2d 824 (1954) (decided under former Code 1933).

Personal judgment rendered when partnership without assets.

- When after payment of partnership debts no assets remain from which the respective debts and interests of the partners may be adjusted and paid, it is proper that the final decree fix the amounts due to and by each partner, and that a personal judgment be rendered against those indebted. Johnson v. Townsend, 192 Ga. 522, 15 S.E.2d 790 (1941) (decided under former Code 1933, § 75-206).

Availability of trover.

- Trover is not an available remedy to the plaintiff to settle matters in dispute between oneself and a copartner, when no accounting or settlement of the partnership had been had, and a balance struck between the partners. Bush v. Smith, 77 Ga. App. 329, 48 S.E.2d 582 (1948) (decided under former Code 1933, § 75-202).

Cited in DM II, Ltd. v. Hospital Corp. of Am., 130 F.R.D. 469 (N.D. Ga. 1989).

Am. Jur. 2d.

- 59A Am. Jur. 2d, Partnership, § 269 et seq., , 606 et seq.

C.J.S.

- 68 C.J.S., Partnership, § 453 et seq.

ALR.

- Lack of partnership accounting as tolling statute of limitations against actions at law between partners, 77 A.L.R. 426.

Right to accounting between attorneys associated in practice, in absence of formal partnership, 81 A.L.R.2d 1420.

When statute of limitations commences to run on right of partnership accounting, 44 A.L.R.4th 678.