Wetter v. Schlieper
New York Court of Common Pleas
Motion for appointment of a receiver. In January, 1857, the plaintiff and the defendants Schlieper and Haarhaus formed a copartnership for the transaction of an importation and commission business, under the firm name of “ Wetter, Schlieper & Haarhaus,” to continue for three years. The place of business of the firm was at the city of Hew York, where the partners resided.
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Motion for appointment of a receiver. In January, 1857, the plaintiff and the defendants Schlieper and Haarhaus formed a copartnership for the transaction of an importation and commission business, under the firm name of “ Wetter, Schlieper & Haarhaus,” to continue for three years. The place of business of the firm was at the city of Hew York, where the partners resided. In May, 1857, the plaintiff went to Europe, temporarily, ■on the business of the copartnership, to solicit consignments. While thus occupied, and on the 20th of October, 1857, the defendants Schlieper and Haarhaus wrote to…
1Opinion of the CourtHilton, J.
When a copartnership has become insolvent, no ■doubt can exist as to the power of a court of equity, upon the .application of either partner by a proper complaint, to appoint a receiver to take charge of the partnership assets, and close ■up its affairs. (Adams' Doctr. of Eq., 241, 243; Story's Eq. *125Jur., §§ 672, 673 ; Law v. Ford, 2 Paige, 310; Egbert v. Wood, 5 Ib., 517, 525 ; Story on Partn., 228, 229 ; Hitchcock v. St. John, 1 Hoffm., 511 ; Martin v. Van Schaick, 4 Paige, 471.)
The motion, therefore, presents the question: Whether the execution and delivery of the assignment so made by the…
2Cases cited9 opinions
- Harrison v. SterrySupreme Court of the United States · 1809
- Egberts v. WoodNew York Court of Chancery · 1831
- Havens & Dorr v. HusseyNew York Court of Chancery · 1834
- Law v. FordNew York Court of Chancery · 1830
- Johnson v. JohnsonNew York Court of Chancery · 1834
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3Cited by1 opinion
- Bowen v. ChaseU.S. Circuit Court for the District of Southern New York · 1870