Porch v. Arkansas Milling Co.
Supreme Court of Arkansas
Appeal from Carroll Circuit Court in Chancery, Western District. Edward S. McDaniel, Judge. STATEMENT BY THE COURT. The appellee recovered a judgment against the appellant, procured the issuance of an execution thereon, and had the same levied upon the individual interest of the appellant in the fixtures and furniture in a drug store, which were the partnership property of the appellant and J. H. Crook.
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Appeal from Carroll Circuit Court in Chancery, Western District. Edward S. McDaniel, Judge. STATEMENT BY THE COURT. The appellee recovered a judgment against the appellant, procured the issuance of an execution thereon, and had the same levied upon the individual interest of the appellant in the fixtures and furniture in a drug store, which were the partnership property of the appellant and J. H. Crook. The appellant notified the officer who levied the execution that the property levied upon was owned by himself and J. H. Crook jointly as partners. The constable who levied the execution had…
1Opinion of the Court
Hughes, J.,
(after stating the facts). The precise question in this case has not been decided in this court.
Following the decided weight of authority, it is held in Richardson v. Adler, 46 Ark. 43, that “the members of an insolvent firm are not entitled to the exemptions allowed by law, out of the partnership property, after it has been seized to satisfy the demands of the creditors of the firm.” The court said: “The interest of each partner in the partnership assets is his portion of the residuum after all the liabilities of the firm are liquidated and discharged. Property belonging to the…
2Cases cited15 opinions
- Gaylord, Son & Co. v. M. Imhoff & Co.Ohio Supreme Court · 1875
- Pond v. KimballMassachusetts Supreme Judicial Court · 1869
- Stewart v. . BrownNew York Court of Appeals · 1867
- Guptil & Hinton v. McFeeSupreme Court of Kansas · 1872
- Richardson v. Adler, Goldman & Co.Supreme Court of Arkansas · 1885
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3Cited by7 opinions
- Crawford v. SternbergCourt of Appeals for the Eighth Circuit · 1915
- Gollnick v. MarvinOregon Supreme Court · 1911
- McLerkin v. SchillingSupreme Court of Arkansas · 1936
- Farmers' Union Gin & Milling Co. v. SeitzSupreme Court of Arkansas · 1910
- In re MeriwetherDistrict Court, W.D. Arkansas · 1901
2 more not listed; retrieve them via the Exa API.