Mowbray v. Lawrence
New York Supreme Court
Demurrer to a complaint. This xx'as an action brought to restrain the defendant, John Kelly, sheriff of Mew York county, from selling the interest of the defendant, Lawrence, in the property of the firm composed of the defendant, Lawrence, and the plaintiff, upon an execution against Lawrence alone. The defendant, Lawrence, did not contest the action. The defendant, Kelly, demurred to the complaint.
1Opinion of the CourtLeonard, J.
The authorities in this State are adverse .to the interference of a court of equity, by injunctioii, to restrain the sale of the interest of one partner 'in copartnership property, on judgment and execution against such partner to recover a debt *319due from him individually. (Moody a. Payne, 2 Johns. Ch., 548 ; Phillips a. Cook, 24 Wend., 389.)
In the case of Phillips a. Cook, although an action at law, the English authorities, upon which ours are founded, are carefully reviewed by Judge Cowen, and he comes to the conclusion that the remedy of the solvent partner, where he has been injured by…
2Cases cited1 opinion
- Moody v. PayneNew York Court of Chancery · 1817
3Cited by2 opinions
- Van Voorhis v. WebsterNew York Supreme Court · 1895
- Marshall v. McGregorNew York Supreme Court · 1871