Lyndon v. Gorham
U.S. Circuit Court for the District of Rhode Island
[This was a suit by Nathaniel Lyndon against Gorham and Greene, and Silliman, their trustee.] From the answer of the trustee in this case it appeared, that he had effects in his hands of the firm of Gorham & Lawrence, but not of the firm of Gorham & Greene, or of either of them separately.
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[This was a suit by Nathaniel Lyndon against Gorham and Greene, and Silliman, their trustee.] From the answer of the trustee in this case it appeared, that he had effects in his hands of the firm of Gorham & Lawrence, but not of the firm of Gorham & Greene, or of either of them separately. The single question for the consideration of the court was, whether the share of one partner in a partnership credit could be attached under a foreign attachment, to pay the several or joint debt of one partner. argued, that such a credit might be attached; that it was not necessary, that all the partners…
1Opinion of the Court
STORY, Circuit Justice.
In order to adjudge the trustee responsible in this suit, it must be decided, that the funds of one partnership may be applied .to the payment of the debts of another partnership, upon the mere proof, that the principal debtor has an interest in each firm. If this be correct, it will follow that a separate creditor of one partner will have greater equitable, as well as legal rights, than the partner himself has. The general rule undoubtedly is, that the interest of each partner in the partnership funds is only what remains after the partnership accounts are taken; and…
2Cases cited2 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Fisk v. HerrickMassachusetts Supreme Judicial Court · 1810
3Cited by16 opinions
- Winston v. EwingSupreme Court of Alabama · 1840
- Sheedy v. Second National BankSupreme Court of Missouri · 1876
- Quintana Hermanos v. S. Ramírez & Co.Supreme Court of Puerto Rico · 1915
- Trickett v. MooreSupreme Court of Kansas · 1886
- Liverpool, Brazil & River Platte Navigation Co. v. Agar & LelongU.S. Circuit Court for the District of Eastern Louisiana · 1882
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