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3 Edw. Ch. 384

In re A. S. Brown

New York Court of Chancery

Decided March 10, 1840

New York Court of Chancery · decided 1840-03-10

Green and Weyman had been partners ; but, on account of the misconduct of one, the other filed a bill for dissolution l^e co-partnership and obtained a receiver. They had been merchants in the city of New-York, doing business at No. 213 Front street. The landlord now presented a petition, asking that the receiver might pay him rent.

Decided 1840-03-10

The Vice-Chancellor :

¶1It does not appear that the receiver has possessed himself of any property on which the landlord had a lien or right to distrain for rent. The landlord has, therefore, no specific claim upon the funds or property in the hands of the receiver. There is no law to give the landlord a preference in this case over other creditors.

¶2The petition must be denied, with costs to be taxed.

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