Wintersmith & Young v. Pointer & Conway
Court of Appeals of Kentucky
CASE 26 — PETITION EQUITY — APPEAL FROM DAVIESS CIRCUIT COURT. In 1858 Wintersmith and Young recovered judgment against Conway, upon a note executed in 1849. Execution issued, which was levied “ upon the entire interest of said Conway in the drug store of Pointer & Conway, in the town of Owensboro;” and at the sheriff’s sale Wintersmith and Young purchased at the price of $30, in part satisfaction of the debt, and, as to the remainder thereof, the execution was returned “ no…
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CASE 26 — PETITION EQUITY — APPEAL FROM DAVIESS CIRCUIT COURT. In 1858 Wintersmith and Young recovered judgment against Conway, upon a note executed in 1849. Execution issued, which was levied “ upon the entire interest of said Conway in the drug store of Pointer & Conway, in the town of Owensboro;” and at the sheriff’s sale Wintersmith and Young purchased at the price of $30, in part satisfaction of the debt, and, as to the remainder thereof, the execution was returned “ no property found.” Conway had owned the drug store, but in June, 1857, entered into a contract of partnership with…
1Opinion of the CourtChief Justice Simpson
To what extent partnership property is liable for the individual debts of a member of the firm, is the first question that arises in this ease.
It is contended that the appellees, Pointer & Conway, having acted as partners, and conducted the business of the firm as a joint one, are estopped to deny that they are equally interested in the partnership effects, and that their liability as partners extends not only to partnership, but also to individual liabilities.
This argument is based on a misapplication of the principle that renders all the members of a firm liable for partnership…
2Cited by75 opinions
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- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
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