Meech v. . Allen
New York Court of Appeals
Appeal from the Supreme Court. The complaint averred these facts: In May, 1847, the plaintiffs recovered a judgment against one Taylor, upon his sole and individual indebtedness, for $8,650.65, which was duly docketed and became a lien upon his real estate. In 1848, Taylor died, seized of real estate in his own individual right, upon which said judgment was a lien.
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Appeal from the Supreme Court. The complaint averred these facts: In May, 1847, the plaintiffs recovered a judgment against one Taylor, upon his sole and individual indebtedness, for $8,650.65, which was duly docketed and became a lien upon his real estate. In 1848, Taylor died, seized of real estate in his own individual right, upon which said judgment was a lien. Taylor and one Hiram Pratt, who died in May, 1840, were, in their lifetime, partners in the business of common carriers upon the Erie canal and the great lakes. A demand arose against them as such partners which was in litigation…
1Opinion of the CourtSelden, J.
It is a settled rule of equity that, as between the joint and separate creditors of partners, the partnership
property is to be first applied to the payment of the partnership debts, and the separate property of the individual partners to the payment of their separate debts; and that neither class of creditors can claim anything from the fund which belongs primarily to the opposite class until all’ the claims of the latter are satisfied. This, however, is a rule which prevails in courts of equity in the distribution of equitable assets only. Those courts have never assumed to exercise the…
2Cases cited2 opinions
- Wilder v. KeelerNew York Court of Chancery · 1831
- Mower v. KipNew York Court of Chancery · 1836
3Cited by36 opinions
- Lewis v. United StatesSupreme Court of the United States · 1876
- National Union Fire Insurance v. Robert Christopher AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Helmsley v. CohenAppellate Division of the Supreme Court of the State of New York · 1977
- National Union Fire Insurance Co. of Pittsburgh v. Robert Christopher AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Brown v. HardingSupreme Court of North Carolina · 1915
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