Fischer v. Superior Court

Citations

• 98 Cal. 67
• 32 P. 875
• 1893 Cal. LEXIS 863

Syllabus

<p>Partnership—Use of Mining Corporation as Mere Agency—Action fob Dissolution and Accounting—Receiver—Prohibition.—Where in a suit in equity for the dissolution of a copartnership, for an accounting and for the setting aside of certain transfers of stock in a mining corporation, on the ground of fraud practiced by an alleged copartner defendant, to which the mining corporation was made a party defendant, the complaint alleged that although the title to the mine stood in the name of the corporation, the copartners as such owned and worked it, and that the partnership still existed, and that the corporation was a mere name and agent of the partnership, and not the owner of the mine, and the court found the allegations to be true, and rendered a judgment ■ in favor of the plaintiff, the court was authorized to make an order appointing a receiver to take charge of and manage and work the mine, and a writ of prohibition will not be granted by the supreme court to restrain the receiver from acting under such order.</p> <p>Id.—Title to Mine in Name op Cobpobation—Pabtnebship Assets—Appointment op Beceiveb. — Where the title to a mine belonging to a partnership stands in the name of a mining corporation, which possesses no interest in the property, the property is assets of the copartnership, and the court is authorized to appoint a receiver to take charge of and work the mine, in an action for dissolution and accounting of the partnership, notwithstanding the legal title is in the corporation.</p>