Haverhill Trust Co. v. Buckland

On Rehearing. After the foregoing opinion was filed the plaintiff moved for a rehearing, upon the ground that it was entitled to a judgment “against the partnership” and alleging that the surviving partner is not financially responsible, while the administratrix has firm assets in her possession.

Hughes & Burns and Henry A. Shute, for the motion. Peaslee, C. J.

The plaintiff has misconceived the nature of the judgment ordered. A judgment against X in his capacity as surviving partner of the firm of X & Y is a properly expressed judgment “against the partnership.” Such a judgment is conclusive…