Legal Opinion

Waring v. Robinson

New York Court of Chancery

Decided October 16, 1840PublishedCited by 6 opinions

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

  1. Egberts v. WoodNew York Court of Chancery · 1831
  2. Law v. FordNew York Court of Chancery · 1830
  3. Green v. BealsNew York Supreme Court · 1804
  4. Pardee v. Haynes & MerriamNew York Supreme Court · 1834
  5. St. John & Witherell v. S. & L. W. HolmesNew York Supreme Court · 1839

3Cited by6 opinions

  1. Jackson v. LaheeIllinois Supreme Court · 1885
  2. Shafer Bros. v. KiteCourt of Special Appeals of Maryland · 1979
  3. Hooley v. GieveNew York Court of Common Pleas · 1878
  4. Williams v. Amsinck & Co.Court of Appeals of Maryland · 1873
  5. Geo. W. McAlpin Co. v. FinsterwaldOhio Supreme Court · 1898

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