Fenn v. Bolles
The Superior Court of New York City
Motion for injunction and receiver. The action was brought by Almeda Fenn, as administratrix of the estate of Hobart Fenn, deceased. The deceased had been in partnership with the defendant Bolles in the manufacture of faucets, and the object of the action was to settle the partnership affairs. The plaintiff obtained a temporary injunction, and now moved to make it permanent, and for appointment of a receiver. •
1Opinion of the CourtHoffman, J.
—1. The plaintiff, the administratrix, is entitled to have the stock, tools, and furniture of the firm sold, and, *203ordinarily, to have this done through a receiver, as the surviving partner, against her consent, is carrying on the business with such stock or implements. The defendant may be appointed such receiver, with the direction to sell, and the usual powers.
2. As to the good-will. In the ordinary sense, Lord Eldon’s definition of a good-will is, “ the probability that the old customers will continue to come to the old place.” I decided in Dougherty a. Van Nostrand (1 Hoffman's Reports,…
2Cases cited1 opinion
- Hawley & King v. JamesNew York Court of Chancery · 1835
3Cited by9 opinions
- Slater v. . SlaterNew York Court of Appeals · 1903
- Slater v. SlaterAppellate Division of the Supreme Court of the State of New York · 1903
- Wallingford, Shamp & Co. v. BurrNebraska Supreme Court · 1885
- Johnson v. FriedhoffNew York Court of Common Pleas · 1894
- Niles v. FennThe Superior Court of the City of New York and Buffalo · 1895
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