The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-21
SUPERIOR cuusT-spsciAl TERM
Quarrel About a Partnershiu

Quarrel About a Partnership.
Pepper IS. Schetder.-Judge McCunn has delivered
the following interesting opinion in this case:--
! In this matter some days since Judge McCunn
granted an order appointing receiver take charge
OF the partnership property and assets consisting
same time ordered dissolution OF the nrm. The
firm being composed as the papers presented to the
Judge showed, of the defendant ana the plaintn in
| this action. Now motion is made on the part of
the defendant, upon affldavits setting forth that
plaintiff never was partner; that the only interest
tingent interest IN the profit OF the firm to the
tent Of seven and One-haf per cent the defendant
fSy sa9 n ne as
continued and the order appointing him is
carried out that then their profitable business-a
business which has been the result of years of indus
try, and which has been established by said defend
ants a. great expense and trouble-wil! be ruined.
and that their prospects In life Will be blighted.
They also allege that the course which the paintir
is pursuing Is not much the security Of his IN
terest or the moneys due him from the concern, as
It is done through malice, they having offered to pay
him his $780, his share OF the capital and agree to
secure to him any amount found to be due him from
appeal to this court to modify the order appointing
the receiver SO as TO allow them 70 give security IN
VIII pay plantifr any sum which may be found due
him on proper accounting and that the order ap.
po nting such receiver may be discharged and
they allowed to conduct and take care Of
Their business line as usual rn Judge McCunn IN
relief demanded IS the dissolution Of an alleged
accounts, and in which provisional relief is sought
by an Injunction and the appointment OF receiver.
IL ! allowed an interocntory order for an in,unc.
motion now is to modify the order Of injunction and
appointing receiver, and, instead, to permit the
sum that may be found due to him on final SETTLE.
ment Of the partnership accounts. In view Of the
defendants IS positively denied; that very small
proportion Of the partnership capital was c0ntri-
buted by him IN the character Of partner; that BY
the allowance OF an Injunction and the appointment
S sna s pa Is
ruined, and that by the modification proposed the
PLAINTIFF will be abundantly secured IN all mis- rights
absolute or contingent l cannot doubt but the
equity OF the requires rescission of the order
Of Injunction and receivership and mat substitution
court OF equity moulds and adapts the remedial
relief accords so as to reach the ends OF substan-
ests OF any party to the litigation. provisional
remedy Is only auxiliary to ultimate relief and
on or %ers tine
ing 1t appears that the plaintiff was In fact part
ner and as such entitled to share in the profts he
Will In final judgment have decree for his PROPOSE
tions, and meanwhile the security exacted and
given will guarantee him the full measure Of relief
to which he may show himself entitled. Order
granted.
Decisions Rendered.
BY Chief Justice Barbour
Robert N. Wilson ct al. vs. Isaac wilson ct all
The appellants attorney has omitted to make the
amendments IN conformity Win tue abt SUBDIVISION
of the thirty-sixth general rule OF the courts The
case and amendments were therefore returned for
correction in that respect. I shall also want the
stenographer's minutes, from which the case has
been made up.
BY Judge McCunn.
Elizabeth f. Martin rs. arthur 7e1'v.-Motion
| granted.
John H. Ford vs. charles 3. Ramsome.-order
modified.
| J05eph r. S,tyuesdnt Us Joseph g. Broarnin0 ct
] M.-Mouon denied, with ten dollars costs.
Meyer Meyersourg ct al. IS. August Meyers1,rg
| ana AdOlph observation-disclosures for plaintiff for
| costs and ten dollars costs OF action
Patrick Lunch Us. VIM. r. Moore, ct 0L-Moti0n
granted and reargument ordered.
Thomas IzOd us. James H. BO0d-Mouon to va
| cate order OF arrest Denied
BY Judge Friedman.
AuUuSt J. Smith ~. Charles J, COuert.-MOttOn
| granted and commission issued.
| Ddniel E. Keegdn Us. Peter Acknowledgement
| set aside and vacated; defendant to have five days
| -
| Jacob MehL Henry posecr.-MOJIOn aside
order OF arrest granted, with ten dollars costs. and
| ball discharged.
| John III Ford ps. charles B. R0nsone. Order ap-
pointing receiver vacated and set aside; receivers
fees be paid out Of sale OF property by plaintiff