New York Court of Chancery, 1831

Smith v. Lowe

Smith v. Lowe
New York Court of Chancery · Decided June 20, 1831
1 Edw. Ch. 33; 1831 N.Y. LEXIS 349; 1831 N.Y. Misc. LEXIS 29

Counsel

Mr. A. G. Rogers, moved the petition,, Mr. /. Dyckman and Mr. J. Greenwood opposed the application.

Smith v. Lowe

Opinion of the Court

The Vice-Chancellor.

There 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.

Motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.