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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 52   View pdf image (33K)
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52 HIGH COURT OF CHANCERY.
It is true, that this partnership is dissolved by the death of
one of the partners and that nothing remains but to wind up its
affairs, and, therefore, no weight is to be attached to the argu-
ment that the appointment of a receiver will break up the busi-
ness. The business, except for the purpose of settling up the
affairs of the firm is broken up by the death of the senior part-
ner, and I am not restrained from appointing a receiver be-
cause such appointment will bring the affairs of the firm to a
close.
The objection to the motion ia, that here is a party who by
law is entitled to retain possession of the partnership effects and
wind up its business. .Egberts vs. Wood, 3 Paige, 517; Collyer,
63, note 1. A party between whom and the deceased there ex-
isted a confidence, the benefit of which devolves upon the sur-
vivor upon the death of his associate. Philips vs. Atkinson, 2
Brown's Oh. Rep., 272; Daniel's Oh. Pr., 1969. The court,
in my opinion, has no right to take from the surviving partner
the power resulting from that position, unless a case is made
out showing that the interests of other parties are in danger
from the continued exertion of the power. Show that the sur-
vivor has been guilty of a breach of duty, or of the contract and
partnership, that he is wasting the funds of the firm, and the
court will be prompt to interfere for the protection of the estate
of the deceased partner by the appointment of a receiver.
Higginson vs. Air, 1 Desaussure, 429.
In this case the amended bill, in order to show that the interest
of the representatives of the deceased partner were in peril, al-
leges, though not in very specific terms, the insolvency of the
defendant. This allegation, however, is swept away by the ex-
plicit denial of the answer, and there is not only no proof, but
no attempt has been made to prove the truth of the allegation.
The case is consequently to be regarded as if no such averment
had been made, and it remains to be considered whether any
other facts are alleged and proved, upon which this court can
with propriety take the settlement of the affairs of this partner-
ship from the hands of the surviving partner.
The attempt to create distrust in his integrity by the allega-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 52   View pdf image (33K)
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