In re Voluntary Assignment of Charles E. Stewart & Co.
Supreme Court of Pennsylvania
Appeal, No. 171, Oct. T., 1899, by William R. Christian, from order of C. P. Beaver Co., Sept. T., 1899, No. 2, dismissing exceptions to auditor’s report. Exceptions to report of auditor, Agnew Hice, Esq. From the record it appeared that the fund for distribution was raised by an assignee’s sale of goods alleged to belong to Charles E. Stewart & Company. The auditor found as a fact that a partnership existed.
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Appeal, No. 171, Oct. T., 1899, by William R. Christian, from order of C. P. Beaver Co., Sept. T., 1899, No. 2, dismissing exceptions to auditor’s report. Exceptions to report of auditor, Agnew Hice, Esq. From the record it appeared that the fund for distribution was raised by an assignee’s sale of goods alleged to belong to Charles E. Stewart & Company. The auditor found as a fact that a partnership existed. Exceptions to the auditor’s report were overruled in an opinion by Wills ON, P. J., which was in part as follows : If there was a partnership, as thus found by the auditor, then the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The right of priority given to partnership creditors over others is founded on the equity of the partners as between themselves to have the partnership assets appropriated to the-debts of the firm before any part thereof is applied to the use of the partners individually or of those claiming under them. It is a right which belongs primarily to the partners, and grows out of the partnership agreement. It was therefore unimportant in the contest before the auditor whether persons not members of the firm had made themselves liable as partners by holding themselves out…
2Cases cited4 opinions
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- Appeal of ScullSupreme Court of Pennsylvania · 1887
- Himmelreich v. ShafferSupreme Court of Pennsylvania · 1897
- Lininger v. LatshawSupreme Court of Pennsylvania · 1895