Pendleton v. Phelps
U.S. Circuit Court for the District of Connecticut
THIS was a petition in chancery. The circumstances stated in the bill, so far as they are necessary to understand the point decided, were as follows: In February, 1801, Peleg Sanford and Timothy Phelps, merchants in company, under the firm of Phelps Sanford, applied to the petitioners to make insurance on the freight of the schooner Betsey, from JYew-York to St, Jago de Cuba.
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THIS was a petition in chancery. The circumstances stated in the bill, so far as they are necessary to understand the point decided, were as follows: In February, 1801, Peleg Sanford and Timothy Phelps, merchants in company, under the firm of Phelps Sanford, applied to the petitioners to make insurance on the freight of the schooner Betsey, from JYew-York to St, Jago de Cuba. The policy was valued at 4,000 dollars, and the amount was underwritten, in different proportions, by the petitioners. The schooner sailed from JYew- York, and after arriving in sight of her destined port, was captured…
1Opinion of the CourtLivingston, J.
After stating the case, as it appeared from the bill, he observed, that the only question was, whether the petitioners were creditors of the estate of Sanford in such a sense as to require the exhibition of their claim within the two years limited by the statute. It is the opinion of this court that they were not. It would have answered no purpose for the petitioners to have exhibited a de*481mand against Sanford’s heirs. There is no case in En~\ gland, or in this country, in law or equity, of pursuing! the effects of a deceased partner while the surviving! partner is solvent. Phelps was solvent…
2Cited by9 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Griswold v. BigelowSupreme Court of Connecticut · 1826
- Alsop v. MatherSupreme Court of Connecticut · 1831
- Camp v. GrantSupreme Court of Connecticut · 1851
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