Unknown County MI Archives Court.....Connor, V. Allen 1837
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File contributed for use in USGenWeb Archives by:
Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 August 9, 2008, 8:30 am

Source: Cases In Chancery
Written: 1837

CASES IN CHANCERY
FIRST CIRCUIT.


Richard H. Connor and others, Administrators of Henry Connor, v. John Allen.

Partnership: Right of survivor to possession of assets: Receiver. A surviving 
partner having the legal right to the possession of the partnership property, 
the court will not deprive him of that right, unless upon proof of 
mismanagement or danger to the partnership effects.

Motion for receiver, affidavits on. Affidavits are not admissible to 
contradict the answer upon a motion for the appointment of a receiver.

The bill states that, in 1838, Henry Connor and John Allen were partners, 
owning certain mills and other property to a considerable amount; that they 
carried on the milling business as partners until September, 1840, when Connor 
died; that Allen had always been in actual possession and occupation of the 
premises, and still was in actual possession and occupation, and was running 
the mills and manufacturing lumber from logs cut on the partnership lands, and 
on the lands belonging to Connor alone, and was using and appropriating the 
proceeds to his own use and benefit; that complainants have been duly 
appointed administrators upon the estate of Connor, and, as such, are entitled 
to an account. And it prays for an account, injunction and receiver.

An injunction was granted.

The answer admits the partnership and the death of Connor, but states that the 
partnership is largely indebted to the defendant.

The defendant moved to dissolve the injunction on the coming in of the answer, 
which motion the complainants resisted, and moved for a receiver on the 
pleadings and affidavits.

The motions for a receiver and to dissolve the injunction both came on to be 
heard at the same time.

A. C. Smith, for complainants.

Van Dyke & Harrington, for defendant.

The Chancellor.—The answer denies the whole equity of the bill, and states the 
further fact that the partnership is indebted to the defendant in a 
considerable amount. The surviving partner having the legal right to the 
possession of the property, the court will not deprive him of that right 
unless upon proof of mismanagement or danger to the partnership effects. (Gow 
on Part., 382.)

The affidavits are not admissible in contradiction to the answer upon the 
motion to dissolve the injunction, and the answer being full, the injunction 
must be dissolved. Affidavits may be read upon a motion for the appointment of 
a receiver. But I do not think the affidavits presented show such a case of 
mismanagement, or danger to the fund, as will justify the court in the 
appointment of a receiver under the rule as before stated.

Injunction dissolved.

Additional Comments:
CASES DETERMINED IN THE COURT OF CHANCERY FOR THE STATE OF MICHIGAN
BY ELON FARNSWORTH, Chancellor 

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