Legal Opinion
In re Grimes
District Court, W.D. North Carolina
Decided May 30, 1899PublishedCited by 2 opinions
In Bankruptcy. On review of ruling of referee.
1Opinion of the Court
EWART, District Judge.
I concur with the referee in the conclusion that the partners constituting the firm of Grimes Bros, are entitled to their exemptions out of the partnership assets. In Burns v. Harris, 67 N. C. 140, Mr. Justice Reade says:
“One of two or more partners cannot have a portion of the partnership effects set apart to him, as his personal property exemption, without the consent of the other partner or partners, because the property is not his. But, if the other partner or partners consent, it may be done. The creditors of the firm cannot object, because they no more have a lien…
2Cases cited9 opinions
- Burns & Smucker v. Harris & AllenSupreme Court of North Carolina · 1872
- Allen & Co. v. GrissomSupreme Court of North Carolina · 1884
- In re CampDistrict Court, N.D. Georgia · 1899
- State Ex Rel. Scott & Burton v. KenanSupreme Court of North Carolina · 1886
- Chitty v. ChittySupreme Court of North Carolina · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re BassettDistrict Court, E.D. Washington · 1911
- In re J. M. Monroe & Co.District Court, E.D. North Carolina · 1907