Phillips v. Mendelsohn
New York Supreme Court
Appeal bv the defendant Schlang from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of Hew York, fifth district, borough of Manhattan.
1Dissent
Whitney, J. (dissenting).
The only precedent for this decision is Morrisey v. Berman, 47 Misc. Rep. 586, decided by a divided court. The majority opinion in that case assumes that, “even in the case of a going partnership,” a creditor must first follow the firm assets. This assumption I understand not only to be unfounded, but opposed to law long well settled. The preference of firm assets as a fund for the payment of firm debts belongs to equity, probate and bankruptcy procedure, that is, to cases where the firm is not being dealt with as a going concern. See Saunders v. Reilly, 105 N. Y. 12,…
2Cases cited18 opinions
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Millerd v. . ThornNew York Court of Appeals · 1874
- Saunders v. . ReillyNew York Court of Appeals · 1887
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