Deveau v. Fowler
New York Court of Chancery
' Tnts was an application to dissolve an injunction, for want of equity appearing on the face of the bill. The parties were partners in the boot and shoe business. On the dissolution of the copartnership, it was agreed that the defendant should take all the stock and effects, and pay off all the debts due by - the firm, and indemnify the complainant against the same.
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' Tnts was an application to dissolve an injunction, for want of equity appearing on the face of the bill. The parties were partners in the boot and shoe business. On the dissolution of the copartnership, it was agreed that the defendant should take all the stock and effects, and pay off all the debts due by - the firm, and indemnify the complainant against the same. The bill alleged that the defendant was insolvent, and that he threatened to dispose of all the partnership property, and appropriate the same to his own individual use leaving the debts unpaid. The complainant prayed for an…
1Opinion of the Court
The Chancellor.
The case of Smith v. Haviland and Field, before Chancellor Jones, in June, 1827, appears to be decisive as to the question raised by his bill. From the reporter’s note of the decision in that case, with a copy of which I have been furnished, it appears that the administrator of a deceased partner assigned all his interest in the partnership effects to Haviland, the survivor, under an agreement that the latter should pay and discharge all the debts of the ' firm. The surviving partner became insolvent. The bill alleged that he had also assigned over his property, including the…
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