Brush v. Jay
New York Supreme Court
Appeal from special term, Kings county. Action by Charles H. Brush against William Jay and Flamen B. Candler, for the adjustment of the affairs of a partnership between the parties for the-practice of law. The assets of the firm were alleged to consist of an unexpired lease, abstracts of title, office furniture, library, good-will, etc. Defendants-had issued notices of dissolution, stating that they should continue the practice of law at the offices of the old firm.
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Appeal from special term, Kings county. Action by Charles H. Brush against William Jay and Flamen B. Candler, for the adjustment of the affairs of a partnership between the parties for the-practice of law. The assets of the firm were alleged to consist of an unexpired lease, abstracts of title, office furniture, library, good-will, etc. Defendants-had issued notices of dissolution, stating that they should continue the practice of law at the offices of the old firm. An order appointing a receiver of the lease, office furniture, and abstracts of title, and directing him to sell the same at…
1Opinion of the CourtBarnard, P. J.
There is nothing in this case which should take it out of the general rule governing the termination of partnership. It is almost a. matter of course to appoint a receiver. The joint property, whatever it may be, is taken by the court into its possession through its receiver. The trial of the issue between the parties will determine what are assets. McElvey v. Lewis, 76 N. Y. 373. In the present case there is an unexpired lease, and that is an asset to a share of which the plaintiff is entitled. Mitchell v. Read, 84 N. Y. 556. There are also many abstracts of title belonging to the firm.…
2Cases cited2 opinions
- Mitchell v. . ReadNew York Court of Appeals · 1881
- McElvey v. . LewisNew York Court of Appeals · 1879