Legal Opinion

Reed v. Shepardson

Supreme Court of Vermont

Decided February 15, 1829PublishedCited by 7 opinions

This action was brought up from the County Court for a hearing upon exceptions, allowed upon a jury trial. The history of the transaction litigated seems to be this. Joseph Bascom and John A. Bascom, were partners in the clothier’s trade, carried on in Guilford, during a period comprising the whole transaction.

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This action was brought up from the County Court for a hearing upon exceptions, allowed upon a jury trial. The history of the transaction litigated seems to be this. Joseph Bascom and John A. Bascom, were partners in the clothier’s trade, carried on in Guilford, during a period comprising the whole transaction. John A. Bascom was indebted to one Dorus Bascom, who sued his demand, and delivered his writ to the defendant, who, as con- , stable of said Guilford, attached an undivided half of the property in question, it being the property of said firm, and'moved it from the custody of the firm,…

1Opinion of the Court

The opinion of the Court was delivered by$

HutchiNson, J.

The principal question which we have to decide is, whether the creditors of a partnership firm have such a lien upon the partnership effects, that the defendant is liable in tort, for holding and selling the property in question, upon an execution against one individual of the partnership ? I say holding and selling; for the plaintiffs had no pretence of title to this particular property, till long after the defendant attached the same, and held it upon his writ.

The plaintiffs claim that they, as creditors of the firm of J. and J. A.…

2Cases cited1 opinion

  1. Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810

3Cited by7 opinions

  1. Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
  2. Jaques v. GreenwoodNew York Court of Common Pleas · 1861
  3. Gassett v. SargeantSupreme Court of Vermont · 1854
  4. Burton v. KennedySupreme Court of Vermont · 1891
  5. Lamoille Valley R. R. v. BixbySupreme Court of Vermont · 1882

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