The Law of Account : Being a Concise Treatise On the Right And Liability to Account, the Taking of Accounts, And Accountants' Charges

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Foster, L. R. 7 H. L. 318 ; and see Stroud v. Ghcyer, 28 Beav. 130.
But a loan by A. to B., must not be confounded with capital brought by A. into a firm of A. and B. See Travis v. Milne, 9 Ha. 141 ; FlocUon t. Bunning, 8 Ch, 323.
Where property is wrongfully used in trade without the consent of the owner, and there is no trust, the owner will be entitled to the profits made by the trader by the use of the property in question, after making the trader all just allowances, including a fair remun
...eration for his trouble.
Yates V. mnn, 13 0. D. 839 ; and see 15 Ves. 224 ; 1 Jac.
& W. 132 ; 15 Beav. 392 ; 22 Beav. 100.
But if no profit is made, or less than interest at the current rate, the owner has the option to take either interest or profits. Seathcote v. Hulme, 1 Jac. & W. 122 ; see now Partnership Act, 1890, s. 42, post.
Where the trader is a trustee of the property and employs it in trade contrary to his trust, there is an additional reason for so charging him, since no trustee is allowed to derive profit from the use of the trust property.


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