John McKinley

“ The equity set up in the complainant's bill, rests entirely on the assumption, that upon a full and fair settlement of accounts, under the contract referred to, a large balance would be found against Nixdorff; and upon the apparent establishment of this fact, is the decree founded. If, however, it be shown, that instead of Nixdorff being indebted to Hager & Smith, on such settlement, they are largely indebted to him, the bill will be without equity, and the decree, of course, erroneous. ”

“ The amount of the debt due from Hager & Smith to Nixdorff, for which Smith was sued, being $4874.45, the auditor deducted the balance found due from Nixdorff & Hager, from that sum, and reports a balance finally due to Nixdorff of $233.85; and excludes Hager's half of the goods, included in the inventory, entirely from the account, on the ground that they were not subject to the debts of Nixdorff & Hager. ”