Legal Opinion

Whitman v. Robinson

Court of Appeals of Maryland

Decided February 12, 1864PublishedCited by 5 opinions

Appeal from the Circuit Court for Baltimore City : The bill in this case was filed on 16tb February 1863, and states that a partnership existed between the complainant and defendant for twelve years, under a deed filed with the bill, in which deed no term was limited for the duration of the partnership; that the partnership was dissolved by consent, on 31st December 1862; that the partnership assets were about $40,000; that there were debts amounting to about $4,000; and…

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Appeal from the Circuit Court for Baltimore City : The bill in this case was filed on 16tb February 1863, and states that a partnership existed between the complainant and defendant for twelve years, under a deed filed with the bill, in which deed no term was limited for the duration of the partnership; that the partnership was dissolved by consent, on 31st December 1862; that the partnership assets were about $40,000; that there were debts amounting to about $4,000; and that the said deed provides that the debts shall be paid before a division of property; that the complainant claims that…

1Opinion of the CourtBartol, J.

In the case of Law vs. Ford, 2 Paige’s Ch. Rep., 310, Chancellor Walworth decided: "That whore either party *42lias a right to dissolve the partnership, and. the agreement between the parties makes no provision for closing up the concern, it was of course to appoint a manager or reeeiver, on a bill filed for that purpose, if they could not arrange the matter between themselves.”

That was a case of an application for the appointment of a receiver, to dispose of the effects, and close up the concerns of a partnership, on a bill filed by one partner against another. The application was resisted on…

2Cases cited2 opinions

  1. Blondheim v. MooreCourt of Appeals of Maryland · 1857
  2. Speights v. PetersCourt of Appeals of Maryland · 1851

3Cited by5 opinions

  1. Fooks v. WilliamsCourt of Appeals of Maryland · 1913
  2. Einstein v. SchneblyU.S. Circuit Court for the District of Southern New York · 1898
  3. Fleming v. CarsonOregon Supreme Court · 1900
  4. Cannon v. Baltimore & Ohio Employes' Relief Ass'nBaltimore City Circuit Court · 1890
  5. Oyama v. StuartHawaii Supreme Court · 1915

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