Legal Opinion

Dunning's Appeal

Supreme Court of Pennsylvania

Decided March 9, 1863Published

Appeal from the District Court of Philadelphia. This was an appeal by Robert D. Dunning from the final decree of the District Court distributing the proceeds of the sheriff’s sale of the personal property of Charles H. Brian.

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Appeal from the District Court of Philadelphia. This was an appeal by Robert D. Dunning from the final decree of the District Court distributing the proceeds of the sheriff’s sale of the personal property of Charles H. Brian. The material facts of the case, as .reported by the auditor to whom the question of distribution was referred, were these:— On the 21st day of June, A. D. 1858, Joseph B. Hutchinson, of Bristol, county of Bucks, and state of Pennsylvania, entered into and executed an agreement of limited partnership with a certain Charles Henry Brian, of the city of Philadelphia, under…

1Opinion of the Court

The opinion of the court was delivered, by

Thompson, J.

Assuming, for the present, that the loan of the appellant for which the notes of Charles H. Brian was taken, was in fact a loan to the firm of Charles Hénry Brian, a position indispensable to the success of the appellant, but not found by the auditor, how would the case stand then ? It would be the case of a special partner claiming as creditor of an insolvent firm of which he was a member. The answer to this is just what the learned judge gave, namely, the twelfth section of the “Limited Partnership Act.” “In case of the insolvency or…

2Cases cited1 opinion

  1. Mills v. ArgallNew York Court of Chancery · 1837

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