Hottenstein v. Conrad
Supreme Court of Kansas
Error from Allen District Court. Conrad brought his action to close up an alleged partnership, and to compel E[ottenstein to account, etc. Upon his petition, which was--, verified,-and upon-affidavits, he moved for and obtained the appointment of a receiver. Hottenstein answered, denying the partnership, and he verified his answer. The averments of the pleadings, the motions made and overruled, and the facts, are sufficiently stated in the opinion.
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Error from Allen District Court. Conrad brought his action to close up an alleged partnership, and to compel E[ottenstein to account, etc. Upon his petition, which was--, verified,-and upon-affidavits, he moved for and obtained the appointment of a receiver. Hottenstein answered, denying the partnership, and he verified his answer. The averments of the pleadings, the motions made and overruled, and the facts, are sufficiently stated in the opinion. The case below was referred to W. A. J., sole referee, and on his report, at the June Term. 1870, judgment was entered forth e plaintiff.…
1Opinion of the Court
'The opinion of the court was delivered by
Brewer, J.:
Defendant in error sued plaintiff in error in -the district court for a settlement of partnership affairs. He -alleged in his amended petition a partnership, its termination, that defendant (now. plaintiff in error) had in his possession •certain assets of the partnership, that he refused to account, •excluded plaintiff from all control over the property, declined to make any division, or any disposition whereby a settlement of the partnership could be had. The petition was verified. Upon notice and motion, supported by affidavits, -a…
2Cases cited1 opinion
- Geortner v. Trustees of the Village of CanajoharieNew York Supreme Court · 1847
3Cited by19 opinions
- State v. Union National BankIndiana Supreme Court · 1896
- Gillen v. Wakefield State BankMichigan Supreme Court · 1929
- Elwood v. First National BankSupreme Court of Kansas · 1889
- State v. RogersSupreme Court of Kansas · 1896
- Bufkin v. BoyceIndiana Supreme Court · 1885
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