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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 10   View pdf image (33K)
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10 HIGH COURT OF CHANCERY.
Subsequently, on the 28th of August, 1849, the co-partner-
ship was dissolved; the defendant agreeing by the contract of
dissolution, to pay the plaintiff for his undivided one half in-
terest in the timber, at certain rates therein specified.
Shortly afterwards, to-wit, on the 13th of September follow-
ing, the complainant exhibited his bill in this court, in which,
upon the ground that the defendant had been guilty of false
and fraudulent representations, and the suppression of materi-
al facts, the bill prayed that the contract of dissolution might
be declared void, that an account might be taken of the busi-
ness of the partnership, and that in the meantime an injunc-
tion might issue, and a Receiver be appointed, to take posses-
sion of the property.
Upon this bill an injunction was ordered, but the applica-
tion for a Receiver was directed to stand over for the coming
in of the answer.
If the partnership which at one time existed between the
parties, is to be regarded as still subsisting, then to authorize
either party to apply for an injunction, and for the appoint-
ment of a Receiver, he must be prepared to show a case of
great abuse, or strong misconduct, because in such cases, the
interference of the court will probably break up and defeat the
purpose for which the association was formed; and it may ad-
roit of grave doubt, whether an injunction in such circum-
stances should be granted, unless the bill likewise asks for a
dissolution of the partnership. Story on Partnership; section
228, 229. Gow, 128.
The objection to the interposition of the Court by way of
injunction, and the appointment of a Receiver, is not so strong
after the partnership has been dissolved , in which event, the
court will take care that neither party shall by his own miscon-
duct or abuse, prejudice the rights of the other partner, and
will restrain the party guilty of such misconduct by injunction,
and in a proper case, by the appointment of a Receiver and
Manager, to wind up the concern in a way best conducive to
the interests of all. To induce the Court, however, to exert
this strong authority, some urgent and pressing necessity must
be shown. Story on Partnership, sections 329,330.
In the case of Williamson vs. Wilson, 1 Bland, 418, the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 10   View pdf image (33K)
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