Phillips v. Trezevant
Supreme Court of North Carolina
Motion for the appointment of a receiver, heard before Logan, J, at Spring Term, 1872,'of Mecklenburg Superior Court. Plaintiff alleged that in September, 187ft, he and the defendant formed a partnership in the city of Charlotte, N. C., for the purpose of conducting the business of merchant tailoring ; that defendant was to furnish $5,000, and plaintiff was to use his skill and experience as*a set-off to such capital; that extensive purchases of material, &c., were made in…
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Motion for the appointment of a receiver, heard before Logan, J, at Spring Term, 1872,'of Mecklenburg Superior Court. Plaintiff alleged that in September, 187ft, he and the defendant formed a partnership in the city of Charlotte, N. C., for the purpose of conducting the business of merchant tailoring ; that defendant was to furnish $5,000, and plaintiff was to use his skill and experience as*a set-off to such capital; that extensive purchases of material, &c., were made in the northern cities, and the business was conducted profitably until January, 1872, when it was dissolved by mutual…
1Opinion of the Court
Be Adi?, J.
Whore one partner, who is insolvent or in failing circumstances, without the consent and against the will of the. *373other partner, is disposing of the effects of the partnership and appropriating them to his own use, the other partner has the right to an injunction and to have a receiver appointed. That is our case. There was error in reiusing the plaintiffs motion for a receiver.
Note. — If necessary, an application may be made to ihe Judge at Chambers for a receiver. Note. — In another case between the same parties and upon the seme state of tacts, a motion was made to vacate the…
2Cited by3 opinions
- Allen & Co. v. GrissomSupreme Court of North Carolina · 1884
- Ross v. . HendersonSupreme Court of North Carolina · 1877
- Taylor v. . RussellSupreme Court of North Carolina · 1896