Thompson v. Brown
New York Court of Chancery
IN 1815, and long time before, Lemuel Brown and Jedediah Fay were partners in trade, at Owego, in Broome county, and became indebted to Kellogg Sprague, merchants, in New-York. Brown died on the 1st of December, 1815, intestate, leaving Elizabeth B. defendant, his widow, and nine of the defendants, his children. On the 1st January, 1816, administration of his estate was granted to his widow, and to the defendants, J. McQuigg and A. Brown.
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IN 1815, and long time before, Lemuel Brown and Jedediah Fay were partners in trade, at Owego, in Broome county, and became indebted to Kellogg Sprague, merchants, in New-York. Brown died on the 1st of December, 1815, intestate, leaving Elizabeth B. defendant, his widow, and nine of the defendants, his children. On the 1st January, 1816, administration of his estate was granted to his widow, and to the defendants, J. McQuigg and A. Brown. A judgment was, afterwards, recovered in the Supreme Court, by K. & S. against Fay, as surviving partner of B. & F., for 1,945 dollars and 81 cents. In May,…
1Opinion of the Court
The Chancellor.
The plaintiffs sue as assignees of Kellogg if Sprague, who were simple contract creditors of Brown if Fay. After the death of Brown, a judgment was obtained at the suit of K. if S. against F. as surviving partner, and an execution was issued against his property, and returned nulla bona. F. is admitted to be insolvent, and the bill is against the administrators and infant heirs of 'Brown; it calls upon the former to discover and account for the personal estate, and of Brown’s share of the stock in trade belonging to the firm of B. if F., and what agreement and dispositions in…
2Cases cited1 opinion
- Hall v. DanaSupreme Court of Vermont · 1827
3Cited by68 opinions
- Lámar v. MicouSupreme Court of the United States · 1884
- In the Matter, Etc., of Estate of WestonNew York Court of Appeals · 1883
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
- Kerr v. . BlodgettNew York Court of Appeals · 1871
- O'Brien v. CoulterIndiana Supreme Court · 1831
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