Smith v. Lowe

1 Edw. Ch. 33, 1831 N.Y. LEXIS 349, 1831 N.Y. Misc. LEXIS 29

Opinion

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.