McGrath v. Cowen
Ohio Supreme Court
Error to the Circuit Court of Hamilton county. The action,below was brought by Owen McGrath against Catherine Cowen, individually and as executrix of the will of her deceased husband, to dissolve a partnership existing between the parties, and for the appointment of a receiver to take charge of the assets and wind up its affairs.
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Error to the Circuit Court of Hamilton county. The action,below was brought by Owen McGrath against Catherine Cowen, individually and as executrix of the will of her deceased husband, to dissolve a partnership existing between the parties, and for the appointment of a receiver to take charge of the assets and wind up its affairs. The petition alleges that the plaintiff, “in the year 1868, entered into a partnership with James Cowen, since deceased, by verbal contract, for an indefinite period of time, under the firm name of Cowen & McGrath, for the purpose of conducting the business of…
1Opinion of the CourtWilliams, J.
The subject of the controversy here is the validity of the chattel mortgages made by Owen McGrath, in which is involved his authority to make them against the known wishes of the defendant Catherine Cowen. One of the grounds on which it is sought to sustain them is, that when they were executed, the property covered by them belonged to the partnership which had been formed between the plaintiff and James Cowen, the business of which was then being carried on by the former, as the surviving member of the firm, who, as such, it is claimed, had the absolute power of disposition of the assets,…
2Cases cited2 opinions
- Bowen v. ClarkDistrict Court, D. Wisconsin · 1856
- Devin v. PatchinNew York Court of Appeals · 1863
3Cited by12 opinions
- Lorain National Bank v. Saratoga ApartmentsOhio Court of Appeals · 1989
- Hanes v. GiambroneOhio Court of Appeals · 1984
- Leigh v. Crescent Square, Ltd.Ohio Court of Appeals · 1992
- Andrews v. StinsonIllinois Supreme Court · 1912
- Sulloway & A. v. RolfeSupreme Court of New Hampshire · 1946
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