Egberts v. Wood
New York Court of Chancery
This was an application on the part of the defendants, D. & B. R. Wood, for the dissolution of an injunction, on bill and answer. The bill alleged that several judgments had been recovered against the defendants C. Jessup and H. Vandenburgh, as surviving partners of G-. F. Lush deceased, on which judgments executions had been issued and returned unsatisfied.
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This was an application on the part of the defendants, D. & B. R. Wood, for the dissolution of an injunction, on bill and answer. The bill alleged that several judgments had been recovered against the defendants C. Jessup and H. Vandenburgh, as surviving partners of G-. F. Lush deceased, on which judgments executions had been issued and returned unsatisfied. That Lush died on the 11th of December, 1828, whereby the partnership was dissolved; and that I. Keeler was appointed his administrator. That the firm of Edwin Jessup, under which name the partners had been doing business, stopped…
1Opinion of the Court
The Chancellor.
Several questions were raised on the argument" of this case, which probably are not material to the decision of the present motion. It is urged, in behalf of these complainants, that upon the dissolution of a copartnership by the death of one of the partners, the survivors became trustees for all the creditors of an insolvent firm, and have no right to pay one creditor to the exclusion of another, but that all must be paid rateably. If the principle contended for is correct this suit is not properly instituted for the purpose of carrying that principle into effect. It is…
2Cases cited2 opinions
- Pearpoint v. GrahamU.S. Circuit Court for the District of Pennsylvania · 1818
- Peters v. DavisMassachusetts Supreme Judicial Court · 1811
3Cited by56 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- Smith v. YoumansWisconsin Supreme Court · 1897
- Adams v. HackettCalifornia Supreme Court · 1857
- Mabbett v. . WhiteNew York Court of Appeals · 1855
- Mason v. PomeroyMassachusetts Supreme Judicial Court · 1890
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