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WATUMULL v. ETTINGER

No. 2699.

39 Haw. 185 (1952)

GOBINDRAM J. WATUMULL, FOR HIMSELF AND AS TRUSTEE FOR WATUMULL BROTHERS, A SPECIAL PARTNERSHIP COMPOSED OF GOBINDRAM J. WATUMULL, JHAMANDAS WATUMULL AND RAMCHAND WATUMULL, AS GENERAL PARTNERS, AND MILTON CADES AND ERNEST R. CAMERON, TRUSTEES UNDER DEED OF TRUST OF GOBINDRAM JHAMANDAS WATUMULL, DATED JULY 1, 1942, AS SPECIAL PARTNER, v. OSCAR ETTINGER, CARRIE ETTINGER AND RICHARD ETTINGER, INDIVIDUALLY AND AS COPARTNERS DOING BUSINESS AS ETTINGERS WHOLESALE JEWELERS.

Supreme Court of Hawaii.

Decided January 3, 1952.

Attorney(s) appearing for the Case

J.R. Cades (Smith, Wild, Beebe & Cades with him on the briefs) for appellants.

J.G. Anthony (Robertson, Castle & Anthony with him on the brief) for appellee.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY STAINBACK, J.

A bill of complaint was filed August 4, 1944, by the petitioner herein, a special partner in a partnership consisting of petitioner and Oscar Ettinger called the Hawaii Distributing Company, against Oscar Ettinger, managing partner, and Carrie Ettinger, his wife, charging fraud, breach of fiduciary obligations in the liquidation of the partnership, and praying for an accounting, appointment...

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