Melville Fuller

“ At all events, we find no adequate support to the conclusion that the complainants suffered any loss by reason of the alleged dereliction of duty in these regards, and we do not think that of themselves they furnish sufficient ground for decreeing that complainants are entitled to the return of their capital, within the principle of the rule which has sometimes been applied in such cases. The real gist of the controversy, in this view, lies in the conduct of Oteri after his return from Sicily. ”

“ No fraudulent representations as inducements to the formation of the partnership are alleged to have been made, and, whatever objectionable features may have characterized Oteri's conduct and management, a scheme to defraud his copartners is not shown to have existed. In the absence of satisfactory proof that losses were occasioned by his misconduct, or that the want of success which attended the business is traceable to that cause, complainants should not be reinstated, at his expense, in the same position as if they had not entered upon an enterprise which turned out to be unfortunate. ”

“ It is argued that the circuit court erred in the rendition of a decree at variance with the conclusions of the master, because the reference was by consent, and the report amounted to a determination by the parties' own tribunal, which could not be disregarded at the mere discretion of the court. ”