Shedd v. Wilson
Supreme Court of Vermont
[IN CHANCERY.] Preference of partnership creditors. Appropriation of payments. Appeal from the court of chancery. It appeared from the hill, answer and evidence that the orators were creditors of the firm of Hammond & Draper, formerly iron founders, consisting of the defendants, Lycurgus C. Hammond and Francis Draper.
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[IN CHANCERY.] Preference of partnership creditors. Appropriation of payments. Appeal from the court of chancery. It appeared from the hill, answer and evidence that the orators were creditors of the firm of Hammond & Draper, formerly iron founders, consisting of the defendants, Lycurgus C. Hammond and Francis Draper. This firm failed on the 14th of March, 1850, and the orators commenced suits against them, made attachments of their property, and had obtained judgments in said suits. Prior to those of the orators, the defendant Wilson, had made an attachment of the property of the said firm…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
It seems that the defendant Wilson first attached the property of the firm of Hammond & Draper to secure a debt against the firm of Hammond, Draper & Co., and he now claims priority in equity, as well as at law, over the creditors of Hammond & Draper, who subsequently attached the same property. The firm of Hammond & Draper is admitted to be insolvent, and we apprehend this case must be governed by the case of Washburn et al. v. Bellows Falls Bank et al., 19 Vt. 278. In that case it was settled that in equity the creditors of an insolvent…
2Cases cited4 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
- Bardwell v. PerrySupreme Court of Vermont · 1847
- Brewster v. HammetSupreme Court of Connecticut · 1823
3Cited by6 opinions
- Conduitt v. RyanIndiana Court of Appeals · 1891
- Pierce, Clark & Co. v. KnightSupreme Court of Vermont · 1859
- James A. Shedd & Co. v. Bank of BrattleboroSupreme Court of Vermont · 1860
- Goetz v. PielMissouri Court of Appeals · 1887
- Flannery v. FlannerySupreme Court of Vermont · 1886
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