Waring v. Robinson
New York Court of Chancery
The bill in this cause was to obtain payment of a judgment debt, out of funds in the hands of a receiver, after execution return unsatisfied. In the year 1836, the above named defendants, except Miller, were partners in trade. In May of that year, Smith filed a bill against his co-partners; alleging certain acts of misconduct, stating a dissolution to have been made by consent, and praying an account, an injunction, and a receiver.
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The bill in this cause was to obtain payment of a judgment debt, out of funds in the hands of a receiver, after execution return unsatisfied. In the year 1836, the above named defendants, except Miller, were partners in trade. In May of that year, Smith filed a bill against his co-partners; alleging certain acts of misconduct, stating a dissolution to have been made by consent, and praying an account, an injunction, and a receiver. An injunction was issued, and on the 3d of May in that year, the defendant Miller was appointed a receiver. The order directed a reference to a master, to make…
1Opinion of the Court
The Assistant Vice-Chancellor:
This case involves a principle of considerable importance, viz., how far a partner, after a bill has been filed for a dissolution, an injunction issued restraining his intermeddling with the property, and a receiver obtained, may give a cognovit in a suit against the firm, and whether the judgment obtained shall have a priority against the assets of the firm.
In the case of Pratt v. Robinson, July, 1839, I decided that a judgment obtained adversely against the partners, was entitled to such priority. The reasons for that decision will appear in the present opinion.
2Cases cited5 opinions
- Egberts v. WoodNew York Court of Chancery · 1831
- Law v. FordNew York Court of Chancery · 1830
- Green v. BealsNew York Supreme Court · 1804
- Pardee v. Haynes & MerriamNew York Supreme Court · 1834
- St. John & Witherell v. S. & L. W. HolmesNew York Supreme Court · 1839
3Cited by6 opinions
- Jackson v. LaheeIllinois Supreme Court · 1885
- Shafer Bros. v. KiteCourt of Special Appeals of Maryland · 1979
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Williams v. Amsinck & Co.Court of Appeals of Maryland · 1873
- Geo. W. McAlpin Co. v. FinsterwaldOhio Supreme Court · 1898
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