New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-26
The COURTS
SUPREME CoURT-CHAMBKRs.

SUPREME COURT-CHAMBRRs
Before Judge Ingrdhdm-1Vm III. Plat, Err
ector agt george w. Pidit-In this case, the plaintiff,
representing partner Of firm. who Is deceased sues
the other partner TO set aside certain conveyances and
now for discovery OF the books Of the firm, and be
allowed to take copies thereof from January 1859 TO July
1863 when the plaintiffs testaor died. The application
opposed upon the ground that the plaintiff does not
show a that entities him TO discharge
plaintiff does make out a which woula entte
them the discovery sought the plaintiff stood in the
ceased partner. The rule is settled this subject and
requires the person making the to state sPech
the else here in such manner that his adversary
be directed to furnish by sworn copies the nforma
ton required. In this respect the petition is clearly de-
fectve Here both persons were the Joint owners OF the
books during the existence OF the irm, and they
had equal right 10 examine the books for the settle
OF their respective claims Whichever partner held
them they for the joint benefit OF both and neither
had the right exclude the other from them The fact
that the plaintiffs testator had sold and transferred his
interest the firm to the defendant does not change this
rule when the object OF the action Is TO recover partner
ship property OF which the executors claim that he
improperly deprived. The defendant must permit the
examination and copies OF the partnership books and pa
pers be made either by furnishing copies OF by
depOstng them with officer or the court to allow such
Henry Z. Granniss agt. Vim, II. Fog aud ottes-The
defendants TINS action the trustees OF Butterneds
Overland Dispatch and. acting trustees effected in
January, Is66 union with the Overland Dispach Co..
Which was organized IN Kansas. The latter company
was merged In other Western company whereupon
Of Butterelds Dispatch took possession OF
lars in debt They disposed OF the property TO the best
advantage but the not sufficient 10 pay the
indebtedness and OF $40 share made.
Plaintiff paid his assessment amounting To 5000 sup
posing that the trustees acting in good faith. He
now brings for the appointment OF receiver TO re-
received from this assessment, on
the ground the money not applied 10 paying the
debts Kansas company for which he was not liable
Decision reserved.
DceisiOHs-By Judge Ingraham.-Pratt agt. Menet.-
Motion granted payment OF costs OF term and m0on
cause to put short calendar for LIST Friday Levy
agt. INSTRUMENTATION granted. Cox agt. Middle
bourne OIL Co.-MotOn denied. Nelson agt Blanch
rclQ-MOtlOn granted, unless DOuQ j. IN 10
plaintiff pays $40 costs OF motion. Fisher agt StahL-
No sufficient given for not obtaining the evil
dence by commission 4 hereI is nothing mertOTous IN
the defense the claim for borrowed money TO warrant
postpOung the trial five months and as the an
wer AYERS payment of the first check mentioned IN the
complaint, the defendant may have an inquest opened
on payment Of the other claimed TO he due and in
and OF this within 10 days otherwise
motion Il denied with tlO costs. Fredander agL VII
lianls-MOtion denied with $40 costs.