Kelly v. . Scott
New York Court of Appeals
Appeals from judgments of the General Term of the Supreme Court in the first judicial department, affirming judgments entered in favor of defendants upon the reports of a referee.
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Appeals from judgments of the General Term of the Supreme Court in the first judicial department, affirming judgments entered in favor of defendants upon the reports of a referee. These actions were brought by plaintiff, as sheriff of the city .and county of New York, to reach the avails of certain property alleged to belong to the firm of John E. Shawhan & Co., which plaintiff claimed under and by virtue of attachments against said firm in suits brought against it by firm creditors. On the first of July, 1867, John E. Shawhan, C. Mendall and A. H. Palmer, of St. Louis, Missouri, advertised…
1Opinion of the Court
Church, Oh. J.
This case presents a somewhat novel phase to the disputed and much litigated questions growing out of the respective rights of individual and partnership creditors to partnership property, and the remedy for enforcing such rights.' As between themselves, Mendall and Palmer, were nominal partners merely, Shawhan having the entire interest in the property and in the profits of the business.
There is no dispute that Mendall and Palmer by holding themselves out as partners were personally liable for the debts of the firm, although they in fact had no interest in it. (Story On Part.,…
2Cases cited1 opinion
- Dimon v. . HazardNew York Court of Appeals · 1865
3Cited by21 opinions
- Chace v. ChapinMassachusetts Supreme Judicial Court · 1881
- Hirsch v. NortonIndiana Supreme Court · 1888
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Johnson v. WilliamsSupreme Court of Virginia · 1910
- The WyomingDistrict Court, E.D. Missouri · 1889
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