Roberts v. . Oldham and Others
Supreme Court of North Carolina
Question as to the application of money brought into Court upon sundry executions by a sheriff, decided by Bussell, J., at Fall Term 1868 of the Superior Court of New HaN-■OVER. The sheriff stated that he had in his hands some $1,400 25 -which he had raised upon sundry executions; some of which -(in all for about $1,975.00) were against the firm of Oldham, Denmark ifc Co.; and others, to a large amount, were against •Oldham alone, for individual debts.
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Question as to the application of money brought into Court upon sundry executions by a sheriff, decided by Bussell, J., at Fall Term 1868 of the Superior Court of New HaN-■OVER. The sheriff stated that he had in his hands some $1,400 25 -which he had raised upon sundry executions; some of which -(in all for about $1,975.00) were against the firm of Oldham, Denmark ifc Co.; and others, to a large amount, were against •Oldham alone, for individual debts. The money was raised by sale of property belonging to the firm. For the creditors of the latter class, it was argued that Mr. 'Murphy, the…
1Opinion of the CourtDick, J.
The rule that partnership property cannot be> subjected to the separate debts of the partners until after all the partnership debts are paid, is so well settled by numerous, and uniform adjudications, that it is unnecessary to refer to-authorities. It may be regarded as a first principle of law.
In this case it appears that the sheriff had in hand three executions against Oldham, Denmark & Co., for the partnership debts; and several other's against Alex. Oldham, one of the partners of said firm, for his individual debts. The property of the firm was levied on and sold, and the. fund in…
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