Voorhis v. . Childs'
New York Court of Appeals
Appeal from the Supreme Court. The plaintiffs brought their action against the surviving members of the firm of Baxter, Brady, Lent & Co., and against the respondent as surviving executor of Heman W. Childs, a deceased member of said firm.
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Appeal from the Supreme Court. The plaintiffs brought their action against the surviving members of the firm of Baxter, Brady, Lent & Co., and against the respondent as surviving executor of Heman W. Childs, a deceased member of said firm. The complaint alleged the making of a promissory note by the partnership in the lifetime of Heman W. Childs; its maturing and non-payment; the subsequent death of Childs; the granting of letters testamentary to the respondent as his executor, &c. ' It did not aver any previous suit against the surviving partners,' or their insolvency. The respondent,…
1Opinion of the CourtSelden, J.
Prior to the enactment of the Code of Procedure there was a conflict of opinion between the courts of this state and those of England, as to the remedy allowed to the creditors of a partnership against the representatives of a deceased partner. It was conceded by both that only the surviving partners could be sued at law, but it was held by the English courts that the representatives of the deceased partner might be immediately proceeded against' in equity and compelled to pay the entire debts of the firm, without any previous resort to the surviving members or any evidence that" such debts…
2Cases cited6 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Grant v. ShurterNew York Supreme Court · 1828
- Trustees of the Leake & Watts Orphan House v. LawrenceNew York Court of Chancery · 1844
- Alsop v. MatherSupreme Court of Connecticut · 1831
- Caldwell v. StilemanSupreme Court of Pennsylvania · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Seligman v. . FriedlanderNew York Court of Appeals · 1910
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Hoyt v. . BonnettNew York Court of Appeals · 1872
- Wilcox v. SaundersNebraska Supreme Court · 1876
- Braxton v. State ex rel. AlbertIndiana Supreme Court · 1865
47 more not listed; retrieve them via the Exa API.