Batchelder v. Altheimer
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. Whenever a limited partnership becomes insolvent, or is in contemplation-of insolvency, its property becomes a trust-fund for equal and ratable distribution, among all the creditors ; and any creditor may file a bill in equity in behalf of himself and the other creditors, aud may have a receiver appointed to protect the trust-fund, and may have the members of the firm restrained, by injunction, from intermeddling with the…
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Appeal from the St. Louis Circuit Court, Boyle, J. Whenever a limited partnership becomes insolvent, or is in contemplation-of insolvency, its property becomes a trust-fund for equal and ratable distribution, among all the creditors ; and any creditor may file a bill in equity in behalf of himself and the other creditors, aud may have a receiver appointed to protect the trust-fund, and may have the members of the firm restrained, by injunction, from intermeddling with the fund. — Innes v. Lansing, 7 Paige, 583 ; Kerr v. Blodgett, 48 N. Y. 63 ; Hayes v. Heger, 3 Sandf. 294 ; Whiteioright v.…
1Opinion of the CourtBakewell, J.
The petition in this case alleges that on November 25, 1879, plaintiff and his co-plaintiffs were engaged in Boston and other places as wholesale dealers in boots and shoes and other goods; .that on July 1, 1879, defendants formed a limited partnership under the Missouri statute, with defendant Rosenberg as the limited partner; that the defendant partners are indebted to plaintiffs respectively in various amounts, aggregating $20,000; of which various amounts on open account, aggregating about $3,500, are due, and the balance is not yet due ; and that the defendants are indebted to other…
2Cases cited17 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Innes v. LansingNew York Court of Chancery · 1839
- Noel v. . MurrayNew York Court of Appeals · 1855
- O'Brien v. CoulterIndiana Supreme Court · 1831
- Groshon v. LyonNew York Supreme Court · 1853
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3Cited by5 opinions
- Crouch v. First National BankIllinois Supreme Court · 1895
- Kankakee Woolen Mill Co. v. KampeMissouri Court of Appeals · 1889
- Clapp v. DittmanU.S. Circuit Court for the District of Eastern Missouri · 1884
- Selden v. HallMissouri Court of Appeals · 1886
- Wood v. KellyMissouri Court of Appeals · 1900