M'Credie v. E. & R. Senior
New York Court of Chancery
Appeal from an interlocutory order of the vice chancellor of tire first circuit. The bill filed in this cause alleged that the complainant and the defendants were partners in trade in the city of New-York; the business being carried on, ostensibly, by the complainant and E. Senior, and R. Senior being a secret partner.
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Appeal from an interlocutory order of the vice chancellor of tire first circuit. The bill filed in this cause alleged that the complainant and the defendants were partners in trade in the city of New-York; the business being carried on, ostensibly, by the complainant and E. Senior, and R. Senior being a secret partner. The complainant further alleged that the defendants had violated the partnership agreement by secretly removing a part of the effects of the firm from the store, and applying them to some private pecuniary transactions between themselves. He therefore prayed for a dissolution…
1Opinion of the Court
The Chancellor.
If the proceedings of the plaintiffs in the several judgments at law against M’Credie and E. Senior, were irregular and unauthorized, as against M’Credie, his proper remedy was by an application to the supreme court to set aside the judgments, and the executions yvhich had been issued thereon. And if the defendants in those judgments were the only members of the firm and the debts for which the judgments were confessed by E. Senior, for himself and his partner, wertójfertly due, this court will not inquire whether he was IegalbjsEuthorized to employ an attorney to appear and…
2Cited by24 opinions
- United States v. DebsU.S. Circuit Court for the Northern District of Illnois · 1894
- Ex parte WrightIndiana Supreme Court · 1879
- Gandy v. StateNebraska Supreme Court · 1882
- Adams v. HackettCalifornia Supreme Court · 1857
- United States v. AnonymousUnited States Circuit Court · 1884
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