Legal Opinion

Roop v. Herron

Nebraska Supreme Court

Decided July 15, 1883PublishedCited by 22 opinions

ERROR to the district court of Gage county. Tried below before Weaver, J. The opinion states the case., 1. Partnership property is liable for partnership debts before a dissolution of partnership, but after a dissolution of the partnership and a transfer of the property by the firm, either to a co-partner or to any other person, the creditors of the partnership lose that lien the law gives them upon a partnership property.

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ERROR to the district court of Gage county. Tried below before Weaver, J. The opinion states the case., 1. Partnership property is liable for partnership debts before a dissolution of partnership, but after a dissolution of the partnership and a transfer of the property by the firm, either to a co-partner or to any other person, the creditors of the partnership lose that lien the law gives them upon a partnership property. Wilson v. Kellogg, 11 Ohio, 394. Smith v. Howard, 20 Howard’s Pr. Rep., 121. Hapsgood v. Oromwell et al., 48 Ill., 64. 2. Whqn-a bona fide sale is made of the property of a…

1Opinion of the CourtMaxwell, J.

This is an action of replevin brought by the plaintiff against the defendant to recover certain goods levied upon by the defendant, as sheriff, under an order of attachment. On the trial of the cause the court found in favor of the *76defendant. This cause is submitted upon the following-stipulation : “ It is hereby stipulated and agreed between the parties to this action that the following is a true statement of the facts:

“1st. That from January, 1882, John P. H. Jones and Omar DeLand were partners, doing business at Blue Springs,. Gage county, Nebraska, under the firm name of Jones <fc. DeLand.

2Cases cited5 opinions

  1. Egberts v. WoodNew York Court of Chancery · 1831
  2. Whitewright v. StimpsonNew York Supreme Court · 1848
  3. Bowen v. Billings, Boise & Co.Nebraska Supreme Court · 1882
  4. Muir v. LeitchNew York Supreme Court · 1849
  5. People ex rel. Till v. RoyNebraska Supreme Court · 1874

3Cited by22 opinions

  1. Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
  2. Reyburn v. MitchellSupreme Court of Missouri · 1891
  3. State v. PielstickerNebraska Supreme Court · 1929
  4. Millhiser & Co. v. McKinley, Rangeley & Co.Supreme Court of Virginia · 1900
  5. Darby & Co. v. GilliganWest Virginia Supreme Court · 1889

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