Creighton v. Murphy, Neal, & Co.
Nebraska Supreme Court
Error from the district court for Douglas county. The opinion states the case. I. At the common law a partnership debt cannot be collected from the estate of a deceased partner, unless the survivor is shown to be insolvent. 1. The assets of a partnership must be applied -to pay partnership debts, and the estate of an individual member thereof must be applied to pay his debts.
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Error from the district court for Douglas county. The opinion states the case. I. At the common law a partnership debt cannot be collected from the estate of a deceased partner, unless the survivor is shown to be insolvent. 1. The assets of a partnership must be applied -to pay partnership debts, and the estate of an individual member thereof must be applied to pay his debts. Partnership debts cannot share in the estate of the member until all Ms personal debts have been paid, and his personal debts cannot share in the partnership assets until all its debts have been paid. Filley v. Phelps,…
1Opinion of the Court
Maxwell, Ch. J.
On the twenty-fifth day of January, 1874, the defendants in error commenced an action in the district court of Pottawattomie county, Iowa, against Edward Creighton to recover the sum of $2,800.23, with interest and costs. The action was founded on a breach oí contract, the contract having been made in 1871 between the defendants in error and The Ear West Freight Company, a copartnership of which Edward Creighton was a member. Personal service in Iowa ■was had upon Creighton, and in August, 1874, he filed an answer to the petition in said cause, denying all of the facts stated…
2Cases cited4 opinions
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
- William J. McLean v. James L. MeekSupreme Court of the United States · 1856
- Brodie v. BickleySupreme Court of Pennsylvania · 1830
- Goodall v. TuckerSupreme Court of the United States · 1852
3Cited by4 opinions
- Brown v. Fletcher's EstateMichigan Supreme Court · 1906
- Baker v. CooperCourt of Appeals of Maryland · 1934
- Knight v. CowhamMichigan Supreme Court · 1922
- McAnulty v. McClayNebraska Supreme Court · 1884