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1 Edw. Ch. 33

Smith v. Lowe

New York Court of Chancery

Decided June 20, 1831

New York Court of Chancery · decided 1831-06-20

The complainant and defendant had been partners as watchmakers. The former became dissatisfied with the latter and a bill was filed for a dissolution of the partnership and for an account. It appeared by the bill, that the complainant had taken into his own possession the stock in trade. He now, by a petition, asked for a receiver.

Cited by 1 later decisions — most recently August 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1831-06-20

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The Vice-Chancellor.

¶1There can be no ground for a receiver in a case of partnership where the partner applying has the property in his own possession. He can, as a partner, seU it* The only liability which attaches to him is that of ac-' counting to the other partner for his share of the property, and if the latter does not object, he who has the possession ought not to complain.

¶2Motion denied.

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