¶1The plaintiff did not establish any equity upon the motion. The supposed equity was founded upon the application by defendant to the payment of the note of partnership assets, or the defendant’s breach of his agreement to apply those assets to the payment of the note. Either contingency does not create an equity. All of it is that it is inconvenient to ascertain the facts, and to go to Massachusetts to defend the action there. This is not ground of equitable interference. Order affirmed, with $10 costs.
13 N.Y.S. 427
Donnelly v. Morris
The Superior Court of the City of New York and Buffalo
Decided January 5, 1891
The Superior Court of the City of New York and Buffalo · decided 1891-01-05
Action by Hugh Donnelly against George B. Morris. Plaintiff and defendant were copartners in business in New York city since 1877, and this action is for an accounting. During the partnership plaintiff gave to defendant a non-negotiable promissory note for about $1,300, secured by a policy of insurance on the life of plaintiff. The defendant received the moneys of the partnership, and was to apply the plaintiff’s share to the payment of the note.
Decided 1891-01-05