Black v. Bush
Court of Appeals of Kentucky
Error to the Clarke Circuit. Chancery. Case 54. -Cate stated. One partner has no right to divert by his assignment to his separate creditors, any portion of the firm effects to the prejudice of ¿the creditors of the firm.
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Error to the Clarke Circuit. Chancery. Case 54. -Cate stated. One partner has no right to divert by his assignment to his separate creditors, any portion of the firm effects to the prejudice of ¿the creditors of the firm. Each partner has a lien upon the partnership effects for the payment of the firm debts, and the firm creditors have a right to be substituted to the lien of the partner in the application and rateabledistribution of the firms effects, in case? of a deficiency. B'la'clc pureftttsed land of Thomas- and assigned a- note, the Jand was not paid'for, Thomas was insolvent, Black…
1Opinion of the CourtChief Justice Ewing
deliveredtlie opinion of the Court.
Bush, the administrator of Azariah Martin, deceased, filed his bill for a sale and distribution of the proceeds of his estate, under the statute of 1839, (3 Stat. Laws, 240.) in which he makes the creditors and heir of the deceased parties, also Wm. C. Thomas, alledging that he and the decedent were equal partners in all the estate owned or possessed by both or either, and subject to equal responsibility for all the debts, and that the whole of the co-partnership effects were insufficient to pay the debts and liabilities, and praying a sale of the real…
2Cited by1 opinion
- Marshall's Administrator v. Corinth Bank & Trust Co.Court of Appeals of Kentucky (pre-1976) · 1928