61 How. Pr. 498 | New York Court of Common Pleas | 1880
In this action for a dissolution and- accounting, and for the appointment of a receiver, the appellants were joined as defendants in order to dispose of their title or claim to the property so conveyed. A receiver of that copartnership property was appointed pendente lite on plaintiff’s motion; he took the property in dispute from these appellants at their place of business.
The appellants petitioned the court to be examined pro imteresse suo, and to have the property restored.
They were so examined, but their application for restoration of the property was denied and the issues in the action were referred. The referee determined that the sale of the copartnership stock to the appellants was valid, and found on the other issues in favor of defendants, and judgment was accordingly entered.
Appellants thereupon again petitioned the court-that the receiver deliver the property to them, and the court ordered a reference to pass the receiver’s accounts. Appellants, pending the reference, took the property from the receiver’s possession. After, the referee reported (on September 19, 1879) on the accounts of the receiver (allowing him §353.23, commissions and expenses), the latter applied for an attachment, against the appellants for their act in taking the property from his possession. As appellants denied that the property seized by the receiver was that of which he was appointed. custodian, it was again referred to ascertain the facts.
The referee reported on February 18, 1880, that all the property taken'by the receiver was the property which it was intended by said orders he should take possession of. •
The plaintiff and the defendant, William Hopfensack, carried on for many years the business of manufacturing pocket