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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 39   View pdf image (33K)
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WALKER, ADM'R OF HOUSE ET AL VS. HOUSE. 39
Upon a careful consideration of the whole case, therefore,
I do not feel myself at liberty to grant the relief prayed by
these bills. The parties by their counsel have signed and filed
an agreement that the proof taken in the first of the foregoing
cases may be used in the second cause, as if taken in it, and for
dividing the expense of executing the commission between the
two causes which have been argued together, and depend upon
the same principles. They will, therefore, be consolidated, and
the bills dismissed, but under the circumstances they will be dis-
missed without costs.
WILLIAM M. ADDISON, for Complainant.
CHARLES H. PITTS, for Defendants.
JOHN W. WALKER, ADMINISTRATOR
OF
SAMUEL HOUSE ET AL MARCH TERM, 1848.
vs.
WILLIAM A. HOUSE.
[PARTNERSHIP—PARTNERS—RECEIVER—INJUNCTION—PRACTICE.]
A RECEIVER will not be appointed upon the application of the representatives
of the deceased partner against a surviving partner, unless the latter has been
guilty of mismanagement and improper conduct.
If both partners are dead, and the representatives of one institute a suit for an
account against the representatives of the other, the court will, as a matter
of course, appoint a receiver.
Where both parties are alive, and either has a right to dissolve the partnership,
and the agreement between them makes no provision for closing up the con-
cern, equity will, as of course, appoint a receiver if they cannot arrange
the matter between themselves.
Each partner has an equal right to the possession of the partnership effects,
and to collect and apply them in satisfaction of the debts of the firm.
The surviving partner has, by law, a right to the custody, care, and manage-
ment of the joint estate, and a court of equity will not take the business of
settling it up from him, and appoint a receiver, unless confidence be destroyed
by his mismanagement or improper conduct.
The surviving patner alone can sue or is suable at law upon claims due to
and by the firm, the executor of the deceased having a right to insist upon the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 39   View pdf image (33K)
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