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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 42   View pdf image (33K)
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42 HIGH COURT OF CHANCERY.
papers which he has furnished being papers marked A. B. and
C., herewith filed; that complainants apprehend serious loss to
the estate of the deceased, if the said partnership affairs should
remain under his management; that he has been using the
name of the concern for his own use and benefit, and has sold
large amounts of the property of the firm, and hath not ac-
counted therefor.
The bill, then, prays for an account, and in the mean time
for an injunction prohibiting defendant from further meddling
with the partnership effects, and from receiving or collecting
the debts due the partnership, and from using the partnership
name in any manner whatever, and from selling the property
of the partnership, and that a receiver may be appointed to
wind up the business of the said partnership estate, and for
further relief. The bill also contains special interrogatories as
to the charges above set forth.
By an amended bill filed on the 3d of May, 1848, among
other things it is charged that complainants believe, from the
statements made by defendant, that he is insolvent, unless he
has secreted the funds and property of the said firm, and that
complainants will be defrauded and irreparably injured by him,
unless they can be protected by the interposition of this court.
The injunction was granted as prayed, and the application
for a receiver directed to stand for hearing on a day fixed.
The answer of the defendant, filed on the 20th of May, 1848,
denies fully and emphatically all the charges of misconduct
contained in the bills, except so far as is explained in the opin-
ions of the Chancellor. It is of great length, and the material
parts of it are sufficiently stated in the Chancellor's opinions, the
first of which was delivered upon the hearing of the application
for the appointment of a receiver.]
THE CHANCELLOR :
After a very careful consideration of the facts and circum-
stances of this case, and an attentive examination of the au-
thorities referred to in the argument, and others applicable to
the subject, my mind has been brought to the conclusion that
this is not a fit case for the appointment of a receiver.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 42   View pdf image (33K)
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