L. Fullam & Co. v. Abrahams & Epstine
Supreme Court of Kansas
Error from Lyon District Court. Action brought by L. Fullam & Co. against Abrahams & Epstine — a firm composed of A. E. Abrahams and E. Epstine —to recover upon a promissory note for $315 and interest. Epstine was individually indebted to Peyton, Sanders & Peyton, who interpleaded in the action. Heritage, who had in his hands moneys belonging to Epstine, was garnished by the plaintiffs, and subsequently by the interpleaders.
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Error from Lyon District Court. Action brought by L. Fullam & Co. against Abrahams & Epstine — a firm composed of A. E. Abrahams and E. Epstine —to recover upon a promissory note for $315 and interest. Epstine was individually indebted to Peyton, Sanders & Peyton, who interpleaded in the action. Heritage, who had in his hands moneys belonging to Epstine, was garnished by the plaintiffs, and subsequently by the interpleaders. December 11, 1882, the district court overruled plaintiffs’ demurrer to the interplea; and thereupon they filed their reply thereto, alleging that “ the firm of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only question involved in this case is as follows: As between a creditor of an insolvent partnership firm, (the individual members, as well as the firm, being insolvent,) and a creditor of a member thereof, who has the prior right to a fund belonging to such member and in the hands of his debtor — the creditor of the firm, who has first garnished the debtor, or the creditor of the member, who has subsequently garnished the debtor, where neither creditor has *727yet obtained tbe possession of the fund? This question must be answered in…
2Cases cited12 opinions
- Meech v. . AllenNew York Court of Appeals · 1858
- Bardwell v. PerrySupreme Court of Vermont · 1847
- Emanuel v. BirdSupreme Court of Alabama · 1851
- Alvey v. WilsonSupreme Court of Kansas · 1872
- Switzer v. SmithSupreme Court of Iowa · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- Gaynes v. WallingfordSupreme Court of Kansas · 1959
- Evans v. VirginWisconsin Supreme Court · 1887
- Plains State Bank v. EllisSupreme Court of Kansas · 1953