Cary Bros. v. Dalhoff Const. Co.

Citations

• 126 F. 584
• 1904 U.S. App. LEXIS 4578

Syllabus

<p>1. Partnership — Receivers—Discretion.</p> <p>Where the appointment of a receiver to take charge of the funds to be derived from a partnership adventure would involve damage to both parties, which could easily be avoided by the defendant giving bond to comply with a judgment of the court in an action for an accounting between the parties, the court, in its discretion, will refuse to appoint such receiver on the execution of such bond.</p> <p>2. Same — Power of Court.</p> <p>In an action for an accounting between partners engaged in a joint adventure, the court has power to take a common-law bond from the defendant to secure its compliance with the judgment ultimately to be rendered, in order to obviate the necessity of the appointment of a receiver.</p> <p>8. Same — Interest—Estoppel.</p> <p>Where, in an action for an accounting between partners, the court required defendant to g-ive a bond to obviate the appointment of a receiver, the giving of the bond operated to estop defendant to dispute the right of the court to require it to pay interest on all moneys belonging to partnership while in defendant’s hands.</p> <p>4. Same — Payments.</p> <p>Where suit was brought for an accounting between members of a firm engaged in the construction of a railroad, and the court required defendant to give a bond to obviate the appointment of a receiver, subsequent payments by defendant to subcontractors, etc., were made at its peril, unless directed by order of a court of competent jurisdiction after notice to complainants, and an opportunity to them to defend the suit.</p>