Emry v. . Chappell
Supreme Court of North Carolina
ActioN beard at chambers, at Kinston, LeNOIR. County, by 0. II. Allen, J., 20 May, 1908. This is an action for the dissolution of the partnership of Emry & Chappell and for a settlement of its affairs. The plaintiff also asks for an injunction and a receiver to protect the partnership assets pending the action.
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ActioN beard at chambers, at Kinston, LeNOIR. County, by 0. II. Allen, J., 20 May, 1908. This is an action for the dissolution of the partnership of Emry & Chappell and for a settlement of its affairs. The plaintiff also asks for an injunction and a receiver to protect the partnership assets pending the action. He bases his claim for relief upon.the allegations that the defendant a.nd himself have disagreed as partners, that he has been denied any participation in the management of the business and that the defendant is mismanaging the affairs of the firm and converting its .assets to his own…
1Opinion of the Court
Walkeb, J.,
after stating the case: The record shows that the suit of Emry v. Chappell was commenced on 6 May, 1908, that being the day on which the summons was delivered by the Clerk to the Sheriff, as appears by the latter’s endorsement on the process. Smith v. Lumber Co., 142 N. C., 26; Webster v. Sharpe, 116 N. C., 466. The order of reference in Lyon & Montague v. Emry & Chappell was made, with the consent of the parties, on 27 April, 1908. We refer to this matter, as it was contended by the plaintiff’s counsel that this action was commenced before the reference was ordered.
Pleas in…
2Cases cited6 opinions
- Webster v. . SharpeSupreme Court of North Carolina · 1895
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Alexander v. . NorwoodSupreme Court of North Carolina · 1896
- Smith v. . MooreSupreme Court of North Carolina · 1878
- McNeill v. . CurrieSupreme Court of North Carolina · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Dettenborn v. Hartford-National Bank & Trust Co.Supreme Court of Connecticut · 1936
- Cameron v. CameronSupreme Court of North Carolina · 1952
- Underwood v. . DooleySupreme Court of North Carolina · 1929
- McDowell v. Blythe Bros. Co.Supreme Court of North Carolina · 1952
- Dwiggins v. Parkway Bus Co.Supreme Court of North Carolina · 1949
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