Morrison v. Blodgett
Superior Court of New Hampshire
Assumpsit, upon a receipt signed by the defendants, Blodgett and Buffum, dated April 21, 1834, in substance as follows, viz. Received of William Morrison, D. Sheriff, all the goods in our store, of various kinds, all of the value of four hundred dollars, which we jointly and severally promise to keep safe, and deliver them safe and free of expense to said Morrison, or any other proper officer, on demand, or pay him four hundred dollars.
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Assumpsit, upon a receipt signed by the defendants, Blodgett and Buffum, dated April 21, 1834, in substance as follows, viz. Received of William Morrison, D. Sheriff, all the goods in our store, of various kinds, all of the value of four hundred dollars, which we jointly and severally promise to keep safe, and deliver them safe and free of expense to said Morrison, or any other proper officer, on demand, or pay him four hundred dollars. It appeared, that on said 21st of April, the plaintiff, having a writ of attachment in favor of H. Gassett & Co., against one Joseph Dickinson and the said…
1Opinion of the CourtParker, J.
The first question which has arisen in this case, and one which it may be well to have settled, is whether a sheriff may seize and hold partnership property, by attachment, or on execution, upon a demand against one of the partners.
The practice, which formerly prevailed, of selling on execution an undivided interest of the debtor partner, in such specific portion of the partnership property as the creditor saw fit to seize, it seems to be conceded cannot be supported under the views, now very generally taken, of the rights and liabilities of partnership creditors and partners. But in Scrugham…
2Cases cited14 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Murray v. MurrayNew York Court of Chancery · 1821
- Crane v. FrenchNew York Supreme Court · 1828
- Livingston v. RooseveltNew York Supreme Court · 1809
- Marquand v. President of New-York Manufacturing Co.Court for the Trial of Impeachments and Correction of Errors · 1820
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3Cited by9 opinions
- Page v. CarpenterSuperior Court of New Hampshire · 1839
- Dow v. SaywardSuperior Court of New Hampshire · 1843
- First Union National Bank v. Allen Lorey Family Ltd. PartnershipFairfax County Circuit Court · 1994
- French v. LovejoySuperior Court of New Hampshire · 1841
- Newman v. BeanSuperior Court of New Hampshire · 1850
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