Quayle v. Guild (91 Ill. 378, 1878)

Mr. Justice Sheldon

delivered the opinion of the Court:

This was a bill for an accounting, filed by Alexander Guild, Jr., as administrator of the estate of Henry L. Curran, deceased, against Thomas Quayle and James McKeown, as joint owners and partners with Curran in the ownership and navigation of the brig “ Robert Burns.”

The master in chancery, to whom there had been a reference of the cause to take and state an account, made his report, stating a balance against the defendants of $2200.59. Exceptions filed by both parties to the report were overruled, and a decree for this balance was rendered against the defendants, from which they appealed.

It appears that on March 25, 1867, the appellants- and Cur-ran purchased the brig, the former taking a three-fourths and the latter a one-fourth interest in the vessel. The brig was employed in the wood and lumber trade, on the lakes, for the seasons 1867,1868, and until the 16th of "November, 1869, when she was lost, with all on board, including Curran, who was then sailing her as captain.

On May 13, 1870, the appellee was appointed administrator of the estate of Curran. The appellants, who had acted for the brig on shore, collecting the freights and paying the expenses, desired the appellee to state the account between them and the estate. This he declined, but recommended to them, as a proper person to do it, Mr. Kohlsaat, of the firm of Smith