MURPHY v. DU BERG

MURPHY v. DU BERG. N. Y. Common Pleas ; Special Term, May, 1882. Paetneeship Accounting.—Compelling Payment by Plaintiff to Receivee. The plaintiff in an action to dissolve a copartnership, who has procured the appointment of a receiver, may be compelled on the receiver’s motion to pay over collections made by him, just prior to his application for the receiver and injunction. Application by the receiver of the copartnership heretofore existing between the parties to this action to compel the plaintiff to deliver to him, said receiver, the sum of $3,010 of the assets of the copartnership collected by plaintiff shortly prior to his commencing this action and procuring the receiver and injunction herein. Alexander Blumensteil, for motion. Edward D. McCarthy, opposed. [MAJORITY — J. F. Daly, J.] J. F. Daly, J. The receiver was appointed on plaintiff’s application to take the assets and effects of the copartnership and liquidate its just debts. Plaintiff must turn over the collections made by him just prior to his applying for the injunction. He does not stand in the position of a mere debtor of the copartnership ; but as a party’ to the action may be summarily compelled to transfer to the receiver any portion of the co-partnership property he now holds. The motion was granted.