Higgins v. Rector
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. Henry Maney. J. B. Rector, as administrator of R. H. Grimes, deceased, in his annual report of 1873, asked directions of the court below as to the manner of the distribution of the estate among the creditors.
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Appeal from Bastrop. Tried below before the Hon. Henry Maney. J. B. Rector, as administrator of R. H. Grimes, deceased, in his annual report of 1873, asked directions of the court below as to the manner of the distribution of the estate among the creditors. Jacob C. Higgins, a separate creditor, moved that it be ordered that the funds in the hands of the administrators, arising from the individual assets of decedent, R. H. Grimes, be applied, first, to the payment of the claims of the separate creditors of Grimes; then, if anything remained, to the payment of the partnership debts. The court…
1Opinion of the Court
Gould, Associate Justice.
Under our laws and system, there can be no question that the holder of a claim against a partnership has a legal right to have bis claim established against the estate of the deceased partner, and that in the ordinary course of administration his claim will he paid pari passu with other claims of the same class, without regard to the distinction between partnership and individual debts. Certainly this ordinary and legal course of procedure wil^ not he interrupted so as to give a preference to the holder of a separate or individual claim, unless it he made to appear…
2Cases cited3 opinions
- Bardwell v. PerrySupreme Court of Vermont · 1847
- Cleghorn v. Insurance BankSupreme Court of Georgia · 1851
- Doss v. CampbellSupreme Court of Alabama · 1851
3Cited by4 opinions
- Webb, Jr. v. GregoryCourt of Appeals of Texas · 1908
- Shaw v. GreenTexas Supreme Court · 1937
- Garnishee v. Wm. Hendley & Co.Texas Commission of Appeals · 1880
- Shaw v. GreenTexas Commission of Appeals · 1937