Legal Opinion
In re Johnson
District Court, D. Massachusetts
Decided May 15, 1872No. Case No. 7,369PublishedCited by 1 opinion
1Opinion of the Court
LOWELL, District Judge.
That partners may dissolve their connection, and, as part of the arrangement, may convey all the assets to one of them, and may thus lawfully convert joint into separate estate, has become an established doctrine in equity as well as at law. Ex parte Ruffin. 6 Ves. 119; Ex parte Fell, 10 Ves. 347; Howe v. Lawrence, 9 Cush. 553; Robb v. Mudge, 14 Gray, 534; Ex parte Williams, 11 Ves. 3. The rule, and the reason for it, are thus stated in Story on Partnership (section 358): “While the partnership is solvent and going on, the creditors have no equity, strictly speaking,…
2Cases cited5 opinions
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Weyer v. ThornburghIndiana Supreme Court · 1860
- Burtus v. TisdallNew York Supreme Court · 1848
- Shaw v. McGregoryMassachusetts Supreme Judicial Court · 1870
- Backus v. . FobesNew York Court of Appeals · 1859
3Cited by1 opinion
- In re DenningDistrict Court, D. Massachusetts · 1902