Dayton v. Wilkes

Hoffmak, Justice.

It is established by the papers before me that the plaintiff has the legal title to the partnership property, in connection with the defendant or his assignee; and that Tomlinson was only mortgagee. It is also established that the plaintiff and defendant were partners, and that, in fact, a dissolution has legally taken placé by the assignment of the latter.

The usual consequences follow: the partnership must be wound up; the parties enjoined from interfering with the property; and a receiver be appointed to collect and dispose of it.

All this is conceded by counsel, and the…