Eastburn v. Kirk
New York Court of Chancery
[ * 318 ] THE parties in this suit were copartners in trade, in the bookselling business, and on the 3d of March, 1815, the plaintiffs filed their bill to obtain a dissolution of the copartnership, on various charges of abuse of trust, and misconduct in the defendant, as a partner. The term of the copartnership had some years still unexpired. An injunction was obtained, prohibiting the defendant from interfering with the partnership business.
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[ * 318 ] THE parties in this suit were copartners in trade, in the bookselling business, and on the 3d of March, 1815, the plaintiffs filed their bill to obtain a dissolution of the copartnership, on various charges of abuse of trust, and misconduct in the defendant, as a partner. The term of the copartnership had some years still unexpired. An injunction was obtained, prohibiting the defendant from interfering with the partnership business. This injunction was dissolved upon the coming in of the answer, denying all the charges of improper conduct. The cause was then *put at issue, and much…
1Opinion of the Court
The Chancellor.
*318[ * 319 ]
*317When a cause is taken out of Court before hearing, by a settlement between the parties upon some points, and by a reference to arbitration upon others, it does not appear to be fit and proper that I should be obliged to decide upon the merits, in order to determine a question of costs. Lord Hardwicke has said, (2 Vesey, 223.) that one can never come into this Court to pray a decree for costs only. Costs in chancery do not depend upon *318any statute, nor do they absolutely depend upon the event of a cause. They depend upon conscience, and upon a full and satisfactory view…
2Cited by8 opinions
- Attorney-General v. North American Life InsuranceNew York Court of Appeals · 1883
- Clagett v. SalmonCourt of Appeals of Maryland · 1833
- Evans v. . Supreme Council, Royal ArcanumNew York Court of Appeals · 1918
- Allen v. LewisSupreme Court of Alabama · 1883
- Matter of Att'y-Gen'l v. . North Am. L. Ins. Co.New York Court of Appeals · 1883
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