Beacon Oil Co. v. Maniatis Et Al‪.‬

LUMMUS, Justice. This bill in equity is brought by a judgment creditor of the defendant Maniatis, to reach and apply his interest in a partnership, composed of Maniatis and the defendant Gray, engaged in the gasoline filling station business, and also the interest of Maniatis in a leasehold which stands, on the face of the assignment of the lease, in the name of Gray, but which, the plaintiff alleges, is held for the benefit of the partnership. The defendant Gray appeals from a final decree establishing the plaintiffs claim against Maniatis with costs, and ordering execution therefor; declaring that Maniatis and Gray are equal partners in the business and the leasehold; and establishing that by the restraining order and the continuance thereof in force the plaintiff has a lien upon the aforesaid half interest of the defendant Maniatis in said lease. Although the terms of the continuance in force of the restraining order are not in the record, we assume that the language of the final decree refers to action which in substance amounted to a preliminary injunction. G. L. (Ter. Ed.) c. 214, 9; Stathopoulos v. Reeksting, 252 Mass. 542, 147 N.E. 853; Schainmann v. Brainard (C. C. A.) 8 F.(2d) 11; Davis v. Hayden (C. C. A.) 238 F. 734, 736, 737.