Hogg v. Ellis

Mitchell, Justice.

It sufficiently appears on the present motion, that all the merchandize was fairly sold by the plaintiff to his former co-partners, the Elises. If the plaintiff can impugn that sale by other evidence, at the hearing, he will be at liberty to do so, but on these affidavits the sale and purchase appear to be fair.

The partnership was a limited one, and it has expired by its own limitation. In ordinary partnerships it is a matter of course, on a bill to close the concern, after the dissolution, to appoint a receiver; and the same rule prevails if the proofs show, that at the…