Connors v. Olsen

Citations

• 5 Alaska 111

Syllabus

<p>1. Paetnership <&wkey;>264, 325(2)—Dissolution-—Receivers.</p> <p>Where a partner sells his interest in the business to a third person, although such sale in effect works a dissolution of the firm, the remaining partner is not entitled to the exclusive use and possession of the property; and if he excludes the purchaser there, denying not only his rights but the rights of the partner from whom he purchased, and sets up an adverse title to the property, sufficient cause is shown for appointing a receiver.</p> <p>2. Partnership &wkey;>325(l)-—Receivers—Evidence.</p> <p>On motion to vacate an order appointing a receiver for alleged partnership property, all the material allegations of the bill were denied by the answer. The affidavits- filed with the-motion to vacate showed by a preponderance of the evidence that the plaintiff no longer has any interest in the property. The burden of showing the existence of a partnership at the time of application for a receiver rests upon the plaintiff, and, where the existence of the partnership is directly in dispute and is denied by the defendant, the court will not appoint a receiver in limine, unless the court is satisfied the funds are in danger of loss.</p> <p><@s»See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>