Emerson v. Senter
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. This suit was commenced by the defendants in error as plaintiffs, creditors of the firm of A. Butler & Co. One Moores, sole surviving partner, was defendant, and property which had belonged to the firm was attached. The plaintiff in error interpleaded, setting up title to the attached property under an assignment from Moores for the benefit of the creditors of the firm.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF ARKANSAS. This suit was commenced by the defendants in error as plaintiffs, creditors of the firm of A. Butler & Co. One Moores, sole surviving partner, was defendant, and property which had belonged to the firm was attached. The plaintiff in error interpleaded, setting up title to the attached property under an assignment from Moores for the benefit of the creditors of the firm. Judgment for plaintiffs; to review which the interpleading creditor sued out this writ of error. The facts are stated by the court as…
1Opinion of the Court
Ms. Justice Harlan,
after stating the facts in the language reported above, delivered the opinion of the court.
The court below proceeded upon the ground, in part, that a sole surviving partner of an insolvent firm, who is himself insolvent, cannot make a valid assignment of partnership assets for the benefit of the joint creditors, with preference to some of them. We are unable to concur in this view.
Some of the cases hold that one partner cannot, either during the continuance of the partnership, or after its dissolution by agreement, make such an assignment. It cannot, however, be doubted…
2Cases cited9 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Marbury v. BrooksSupreme Court of the United States · 1822
- Shanks v. KleinSupreme Court of the United States · 1881
- Tompkins v. WheelerSupreme Court of the United States · 1842
- Hempstead v. JohnstonSupreme Court of Arkansas · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Sanger v. FlowCourt of Appeals for the Eighth Circuit · 1891
- Millhiser & Co. v. McKinley, Rangeley & Co.Supreme Court of Virginia · 1900
- Riley v. CarterCourt of Appeals of Maryland · 1893
39 more not listed; retrieve them via the Exa API.