Stiness v. Pierce
Supreme Court of Rhode Island
Bill in Equity for an account. On demurrer to the bill. Alfred H. Willard, one of the firm of Pierce, Willard & Co., doing business in Providence, finding himself insolvent, made an assignment for the benefit of his creditors to the complainant, Stiness. The deed of assignment contained the clause cited in the opinion of the court.
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Bill in Equity for an account. On demurrer to the bill. Alfred H. Willard, one of the firm of Pierce, Willard & Co., doing business in Providence, finding himself insolvent, made an assignment for the benefit of his creditors to the complainant, Stiness. The deed of assignment contained the clause cited in the opinion of the court. Stiness, unable to obtain from Willard’s copartners an account of Willard’s interest in the firm estate, filed a' bill in equity against Lewis W. Pierce and Elisha F. Clewley, the other members of the copartnership, praying for discovery, an account, a settlement…
1Per curiam
The question raised by the demurrer is, whether a general assignment for the benefit of creditors in terms conveying “ all and all manner of goods, chattels, debts, and effects, and other estate of what kind and nature whatsoever, and wheresoever situate of which he, i. e. the assignor, is the lawful owner, excepting only what and so much as is exempt from attachment,” passes the interest of the assignor as copartner in the property of the copartnership ? The question must be answered affirmatively. The assignment is general, including all property not exempted from attachment, and this court…
2Cases cited1 opinion
- Merrill v. WilsonSupreme Judicial Court of Maine · 1848