New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-04
UNCLE AND NEPHEW DISAGREE.
CARL D. JACKSON IS APPOINTED RE-
CEIvER TO DISSOLVE HIS PARTNER
SHIP WITH JOHN p. COLE.


Justice Andrews. Of the Supreme Court. has ap
pointod Carl D. Jackson receiver for the firm OF
g n Jackson & Co. marble importers. OF NO
Maiden Lane on the application OF Guggenheitner'
Cnterneyer 4 Marshall. In suit brought by MT
jackson against his partner. John b. Cole LOT
dissolution OF the firm and an accounting. Inc
matter is a partnership dispute. The firm Is per-
fectly solvent II is declared. and has assets OF
s52 900 with liabilities Of $4,000 Mr.. Cole is an
uncle of Mr. jackson. Justice Andrews indorsed
the papers as follows: Il think II would De oo"s
a great injustice to appoint any one receiver o'he'
than the plaintiff himself and ne VIII DO APP
pointed
rha rso.,versb,n WAS asked for tho ground OF
thu necul,ar nature OF the business and because
1t was alleged that Mr.. Cole has no interest IN tne
partnership assets. never had any cap'a' III .'''
business and Is q large debtor 10 the nrn vi oe
half of Mr. jackson II was alleged thht "ne"
tho firm was formed on October 81, 1890. ne III
,sstsd net business assets of s171ss. and MI Cole
Was 10 invest a like amount in cash. but ihs'eao
Of doing so no gave his note for S70ss. which was
never paid handed IN $4,000 to the nrni ni'o ""'
medately withdrew not only that. but large pm.
of Mr.. Jackson's contribution. without a oo'hl ~
stake In the enterprise Is charged that MI Coie
withdrew $1,000 profits In two years mace inc
Arms bank a clearing house for his private reai
estate operations and is indebted to the nrm
s25. 2o3.
A scene at the ONCE Of the firm on November
l. growing out Of negotiations FOR an amicaoie us
solution is described by Mr.. Jackson. who said that
Mr. Colo offended him most grievously by saying
that I was heartless and ungrateful and that ne
would ruin me, and after some hot WORDS hao
passed between us he brandlshed a steel paper
cutter In his upfted hand. and. with ms 9lnet pc,
hand struck me under the chin. / determined no'
10 engage In any uuscemly encounter OF TINS kinuy
and defended myself as best couId "''hou'
striking him" ~. c,. ,r,,
Einstein & Townsend appeared for MI; Cole. wn99
put in n general denial and declared tnet ne mao
contributed materially to the support or MT JACK
son from his birth. had brought him over noln
Germany In 1903. paying his expenses nad staI.ea
him In business with loan OF Sl.Ou IN lost. mh9
become surety for him for $4,000; and had suppheo
him with money 10 go to Europe In July. 1884. ~nen
profitable agencies secured for tnls county
which were the main strength OF the nrm DUET
ness Mr.. Colo declared that Mr.. Jackson mas
garbled figures which get forth my hnancei reia-
tons with the firm by stating the debit SIDE Only,
without giving me credit for deposits agGresatihs
nearly 500 900. 7 have drawn no money out OF me
copartnersNp except with his approval ana con-
sent and a large portion OF the checks Drawn
for me were signed by himself individually; All
my transactions with the firm have been ana are
still open for examination. and have, as 1 nave
been Informed been properly entered In the nrins
books A. 49,, l.
In addition TO tho marble businds MI Coie 10
q large real estate operator and builder ana ne
declared 10 tho Court that he Is worth S3oUWo.
without counting the marble business ana that
instead Of being indebted to the hrrn. tho copart-
nership r. indebted to him.