Day v. Dow
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clarence P. Day, from an order of the-Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of November, 1899, denying his motion for an injunction penT dente lite enjoining the defendants from interfering with the assets, of the firm of Dow, Jones & Co., and also for the appointment, of a receiver of the property described in the complaint in tlm action, including all the…
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Appeal by the plaintiff, Clarence P. Day, from an order of the-Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of November, 1899, denying his motion for an injunction penT dente lite enjoining the defendants from interfering with the assets, of the firm of Dow, Jones & Co., and also for the appointment, of a receiver of the property described in the complaint in tlm action, including all the partnership assets, rights, interests and choses in action of said firm.
1Opinion of the Court
Patterson, J. :
The plaintiff, claiming to be a copartner in business with the defendants, asserts in this action that his rights as such partner are disputed by themthat they are conducting the business wastefnlly and to their own advantage solely, and that they threaten to exclude him from access to the books of the firm and, inferentially, from participating in the business. He seeks a judicial dissolution of the alleged partnership, and moved at the Special Term upon a complaint and affidavit for an injunction pending suit and a receivership. The motion was denied and he appeals from the…
2Cases cited1 opinion
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
3Cited by3 opinions
- Hunts Point Tomato Co. v. Roman Crest Fruit, Inc. (In Re Roman Crest Fruit, Inc.)United States Bankruptcy Court, S.D. New York · 1983
- Carlyle Record Warehouses Corp. v. ScherloCivil Court of the City of New York · 1978
- Bimberg v. WagenhalsNew York Supreme Court · 1907