White v. Brownell
New York Court of Common Pleas
Appeal from an order at special term, granting a motion to dissolve an injunction. The general facts out of which the controversy in this action arose, are fully stated in the report of the decision appealed from (3 Ante, 318). The case now came before the general term on an appeal "by the plaintiff from the order dissolving his temporary injunction.
1Opinion of the Court
By the Court. — Daly, F. J.
The organization known as the Open Board of Stock Brokers, which the plaintiff asks this court to restrain from depriving him of liis rights and privileges as a member of it, is not a partnership, and the plaintiff is not entitled, as has been argued, to the equitable remedies which courts afford for the protection of the rights of a copartner. It is not a union of persons joining together property, labor or skill for their common benefit, in any pursuit or business having a communion of profit or loss, and distinguishable by the feature that, if earned, there is to…
2Cases cited2 opinions
- People ex rel. Gray v. Medical Society of the County of ErieNew York Supreme Court · 1857
- Commonwealth v. President of St. Patrick Benevolent SocietySupreme Court of Pennsylvania · 1810
3Cited by34 opinions
- Screwmen's Benevolent Ass'n v. BensonTexas Supreme Court · 1890
- Lawson v. HewellCalifornia Supreme Court · 1897
- In re Weidenfeld against KepplerAppellate Division of the Supreme Court of the State of New York · 1903
- Bear v. HeasleyMichigan Supreme Court · 1893
- Greer, Mills & Co. v. StollerU.S. Circuit Court for the District of Western Missouri · 1896
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