Kirkwood v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Thomas Kirkwood against Harry M. Smith and another. From an order appointing a temporary receiver of the assets of the firm of which defendant Smith is a surviving partner, he appeals.
1Per curiam
The court at special term has appointed a temporary receiver of the firm of C. S. Locke & Smith at the instance of Thomas Kirkwood, the plaintiff, upon the allegation that he was a copartner in that- firm. From the papers and affidavits submitted on the motion, it seems to us extremely doubtful whether any partnership relation ever existed between Mr. Kirkwood and Mr. Smith. It is also very questionable whether the affidavits in support of the application disclosed any such condition of the business as to re*292quire the appointment of a receiver. If the court below was justified in interfering…
2Cited by6 opinions
- Armstrong v. RickardAppellate Division of the Supreme Court of the State of New York · 1922
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
- Chaparas v. KountakisDistrict Court, District of Columbia · 1930
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