Evans v. Evans
New York Court of Chancery
This was an appeal by the defendant from an order of the vice chancellor of the first circuit, appointing a receiver of the property and effects of a partnership which had been dissolved by the death of one of the copartners, and granting an injunction to restrain the survivor, or his agents, from interfering with the property and effects of the firm.
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This was an appeal by the defendant from an order of the vice chancellor of the first circuit, appointing a receiver of the property and effects of a partnership which had been dissolved by the death of one of the copartners, and granting an injunction to restrain the survivor, or his agents, from interfering with the property and effects of the firm. The business of the firm had been carried on at New-York by the deceased copartner and his uncle, the survivor j who furnished most of the capital of the firm and resided at Exeter in England. Upon the death of the acting copartner at New-York,…
1Opinion of the Court
The Chancellor.
Laying the agreement between the parties in this case, made by their respective agents, entirely out of the question, I can see nothing in the situation of the parties, or of the property of the firm, to authorize this court to interfere, by the appointment of a receiver, to deprive the surviving copartner of the right to close up the concerns of the firm in the usual way. It appears to he a well settled principle of commercial law that upon the dissolution of the firm, by the death of one of the co-partners, the survivor is entitled to close up the affairs of the concern ; and…
2Cited by14 opinions
- Freeman v. FreemanMassachusetts Supreme Judicial Court · 1884
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Ives v. MillerNew York Supreme Court · 1855
- Walker v. HouseHigh Court of Chancery of Maryland · 1848
- Hargadine v. GibbonsMissouri Court of Appeals · 1891
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