Whitcomb v. Fowle
New York Court of Common Pleas
Motion to remove a receiver and vacate an injunction. The action was brought to set aside a general assignment for the benefit of creditors made by the defendants Josiah F. Fowle and William A. Brown, Jr., to the defendant John H. Folk. Prior to January 2d, 1879, a limited co-partnership existed under the firm name of ■“ J. F. Fowle,” of which the defendant Josiah F. Fowle was the general, and the defendant William A. Brown, Jr., was the special partner.
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Motion to remove a receiver and vacate an injunction. The action was brought to set aside a general assignment for the benefit of creditors made by the defendants Josiah F. Fowle and William A. Brown, Jr., to the defendant John H. Folk. Prior to January 2d, 1879, a limited co-partnership existed under the firm name of ■“ J. F. Fowle,” of which the defendant Josiah F. Fowle was the general, and the defendant William A. Brown, Jr., was the special partner. On the day last mentioned, the said firm made an assignment for the benefit of its creditors to the defendant John II. Folk, in which the…
1Opinion of the CourtLarremore, J.
[After stating the facts as above.]—If this were an action in the nature of a creditor’s bill, the plaintiffs would have no status in court without alleging the recovery of a final judgment and execution issued and returned thereon (Geery v. Geery, 63 N. Y. 252, and cases there cited).
But I do not understand that the doctrine laid down in Innes v. Lansing (7 Paige, 583), has been disturbed or disputed. That case holds that when a limited partnership be*25comes insolvent, its assets are a special fund for the payment of its debts ratably (except those due to the special partner), and any…
2Cases cited6 opinions
- Innes v. LansingNew York Court of Chancery · 1839
- Geery v. . GeeryNew York Court of Appeals · 1875
- Van Alstyne v. . CookNew York Court of Appeals · 1862
- Mills v. ArgallNew York Court of Chancery · 1837
- Hone v. WoolseyNew York Court of Chancery · 1834
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