Greenwood v. Brodhead
New York Supreme Court
Demurrer to complaint. The complaint alledged that in March, 1844, the defendants Brodhead & Oliver commenced business as merchants, at Woodbourne, Sullivan county* and continued to carry on the same until August, 1846, when they took one Skeel as a partner, who remained a partner until April, 1847; after which Brodhead & Oliver conducted the business until May, 1847, when they dissolved partnership as merchants, but still carried on the lumber business.
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Demurrer to complaint. The complaint alledged that in March, 1844, the defendants Brodhead & Oliver commenced business as merchants, at Woodbourne, Sullivan county* and continued to carry on the same until August, 1846, when they took one Skeel as a partner, who remained a partner until April, 1847; after which Brodhead & Oliver conducted the business until May, 1847, when they dissolved partnership as merchants, but still carried on the lumber business. That Skeel left all the assets of the firm with his partners, who were liable for the debts. That on the 29th of Nov. 1847, Oliver made an…
1Opinion of the CourtParker, J.
The plaintiffs are creditors at large of O. W. Brodhead <fc Co.; and they have filed this complaint for the purpose of controlling the disposition of property alledged to belong to such firm, and of compelling the application of its proceeds in payment of the creditors of the firm. No step has been taken to obtain a judgment on the plaintiffs’ demand, nor do they pray, in the complaint, for such ajudgment.
I suppose it is well settled that creditors at large are entitled to no such interposition of the powers of this court. In Wiggins v. Armstrong, (2 John. Ch. Rep. 144,) it was held that the…
2Cases cited4 opinions
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
- Wilder v. KeelerNew York Court of Chancery · 1831
- Corning & Norton v. WhiteNew York Court of Chancery · 1831
- Jackson v. CornellNew York Court of Chancery · 1844
3Cited by4 opinions
- Crippen v. . HudsonNew York Court of Appeals · 1855
- McCullough v. ColbyThe Superior Court of New York City · 1859
- Conroy v. WoodsSan Fransisco District Court · 1857
- Forbes v. LoganThe Superior Court of New York City · 1859