Ferson v. Monroe
Superior Court of New Hampshire
Trespass, for taking and carrying away goods. The defendant, who was sheriff of the county, pleaded the general issue, and in a brief statement justified the taking by Leonard Rundlett, his deputy, on a writ sued out by James S. Cheney against Orvis B. Perry and Lorenzo D. Perry, partners under the firm of O. B. Perry & Co., returnable to the October term of the Common Pleas for Hillsborough county, A. D. 1848, in a suit in which judgment was rendered at that term for the…
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Trespass, for taking and carrying away goods. The defendant, who was sheriff of the county, pleaded the general issue, and in a brief statement justified the taking by Leonard Rundlett, his deputy, on a writ sued out by James S. Cheney against Orvis B. Perry and Lorenzo D. Perry, partners under the firm of O. B. Perry & Co., returnable to the October term of the Common Pleas for Hillsborough county, A. D. 1848, in a suit in which judgment was rendered at that term for the plaintiff, and the goods taken and sold on the execution. The taking of the goods on the writ by Rundlett, May 4, 1847,…
1Opinion of the Court
PerleXj J.
When money, obtained on the credit of one partner, is put into the capital of the firm, it is well settled, that ■ no action can be maintained against the firm for the debt so contracted. It is the debt of the individual alone; and neither the partners nor the creditors of the firm can be affected by the fact, 'that the money obtained by the individual partner on his own credit was employed by him to furnish his part of the capital used in the business. No lien can be asserted on the partnership fünds, against the other partners, for the payment of such a debt. It is immaterial to…
2Cases cited7 opinions
- Rice v. BarnardSupreme Court of Vermont · 1848
- Morrison v. BlodgettSuperior Court of New Hampshire · 1836
- Reed v. ShepardsonSupreme Court of Vermont · 1829
- Sylvester v. SmithMassachusetts Supreme Judicial Court · 1812
- N. H. I. F. Co. v. PlattSuperior Court of New Hampshire · 1830
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