New v. Wright

Citations

• 44 Miss. 202

Syllabus

<p>1. Partnership — Misconduct op partners — Injunction.—Complainant and defendant formed a copartnership for the purpose of sawing lumber from timber to be taken from the land of complainant, the defendant to have the control and management of tho business (it being the object of complainant to convert his timbor into active capital), and the managing partner ceased to procure timber from complainant’s land, but obtained it elsewhere and from others ; this was using the mill in a manner not authorized by the contract of partnership, and an injunction will be granted restraining him from such proceeding.</p> <p>2. Injunction bond — Dissolution—Receiver.—Where tho sureties in an injunction bond are insufficient, the court ought no't, for that cause, to dissolvo the injunction without first giving the complainant reasonable time to procure additional sureties, or topresont a sufficient bond. Rev. Oode, 548, art. 58. And whore it is shown that the running of tho mill for a period of three years rosulted in a loss of seven thousand dollars, it would.justify a dissolution of the partnership and tho appointment of a roocivcr.</p> <p>3. Same. — The appointment of a receiver has the effoct to put an end to the partnership, and is always a delicate duty, requiring the adoption of a course which it is not always easy to determine upon — the selection of a mode of proceeding best calculated to protect and preserve theintorests of both parties. And to justify tho dissolution of a partnership on account of the misconduct, abuse, or ill-faith of one partner, it is not sufficient to show that there is a temptation to such misconduct, abuse or ill-faith, but there must be an unequivocal demonstration, by overt acts, or gross departure from duty, that the danger is imminent, or the injury already accomplished. Story on Hart., 464, § 288.</p> <p>4. Misconduct or controversy — Cause ob dissolution. — Whero a concern of any character or kind, covering a partnership, is broken up by con