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3 Edw. Ch. 385

Garretson v. Weaver

New York Court of Chancery

Decided March 10, 1840

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

<p> Receiver. Partnership. </p> <p>Although an injunction ex parte has been granted in a partnership suit, it does not follow that a receiver will be appointed.</p>

Decided 1840-03-10

The Vice-Chancellor :

¶1The affidavits read in opposition to the motion show that there is no just cause of complaint against the defendant. He has done nothing to warrant the complainant proceeding to have the partnership dissolved. In general this court will not interfere by injunction and receiver, with a subsisting and continuing partnership, unless it satisfactorily appears that the complainant will be entitled to have the partnership dissolved and its concerns wound up. Such appears not to be the case at present; and although an injunction granted ex parte is outstanding, it does not follow that a receiver must be appointed. The injunction, in due time and upon a proper application, may be dissolved.

¶2The motion for a receiver must be denied; but costs may abide the event.

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