McCarthy v. Peake
New York Supreme Court
Motion to set aside a provisional remedy, and restrain further proceedings. The parties to this action were partners, and on the 12th of September, 1859, Peake, the defendant in the present action, declared the partnership dissolved, and claimed the right, under the articles of copartnership, of closing up the affairs of the firm.
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Motion to set aside a provisional remedy, and restrain further proceedings. The parties to this action were partners, and on the 12th of September, 1859, Peake, the defendant in the present action, declared the partnership dissolved, and claimed the right, under the articles of copartnership, of closing up the affairs of the firm. On the fourteenth day of the same month he brought an action in the New York Superior Court against McCarthy for the purpose of restraining him from any interference, with the partnership property. He obtained on the fourteenth a temporary injunction in that action,…
1Opinion of the CourtIngraham, J.
The parties to this action were partners. In consequence of differences between them, each party commenced proceedings to close up the partnership, and to enjoin his partner from interfering with the partnership effects. Peake commenced proceedings in the Superior Court and McCarthy in this court. In the Superior Court a temporary injunction was granted on the 14th September, which, with the summons, was served on McCarthy on the 15th inst., about 3 p. m. In this court McCarthy commenced his action and obtained on an ex parte application an injunction and an order for a receiver, and the…
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