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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 46   View pdf image (33K)
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46 HIGH COURT OF CHANCERY.
The present, then, being the case of a bill filed by the repre-
sentatives of a deceased against a surviving partner, the fate of
the motion for a receiver must depend upon the result of the
attempt upon the part of the complainants to convict the de-
fendant of improper conduct in the management of the business
of winding up the affairs of the concern.
There can be no doubt that upon the dissolution of this part-
nership by the death of the senior partner, that it was the duty
of the survivor thenceforth to cease altogether from carrying
on the trade or business in which the parties had been before
engaged. His authority from the period of the death of the
deceased partner was limited to winding up and settling the
affairs of the partnership, to which end he was authorized to
receive the debts due to, and apply the partnership assets and
effects in discharge of the debts and other obligations due by
it. If he passed beyond this boundary, and undertook there-
after to carry on the partnership trade or business, or engage
in new transactions, contracts or liabilities, on account thereof,
it was an abuse for which the court might be justified in appoint-
ing a receiver. Story on Part; secs. 322, 842, 343, 344. But
is there in this case any satisfactory evidence of such miscon-
duct ? The bill charges various acts of misconduct, but those
are all denied by the answer except two, which are explained
and justified. It is to be recollected in this case, that the con-
nection in business between the deceased and the surviving
partner, commenced as far back as the year 1829, and contin-
ued uninterruptedly from that time to the death of the elder
Mr. House, in the month of January of the present year.
Though the firm had changed twice during the period by the
introduction or retiring of other parties, the relation between
these parties remained unbroken during this long period. It
is true, it appears, that on or about the 1st of January, 1847,
the elder House fell into a state of mental and bodily infirmity
which incapacitated him from that time to his death from attend-
ing to his affairs, but from the year 1829 to 1847, a period of
eighteen years, there is nothing to show that he was not in the
full possession of his faculties of mind and body, and that he
did not give every necessary and proper attention to his business.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 46   View pdf image (33K)
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