In re Smith
New York Supreme Court
BY virtue of a warrant of attachment, issued by JV". Williams, commissioner, under the'act for relief against absent and absconding debtors, (1 JV.
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BY virtue of a warrant of attachment, issued by JV". Williams, commissioner, under the'act for relief against absent and absconding debtors, (1 JV. R. L. 157.) the sheriff of Qniar¡0 seized sundry goods, wares, and merchandizes, be-longing to P. S. Smith and William Soulden, who were o o - , \ partners in trade, and which, at the time of seizure, were * . . . jn the hands of Trueman Smith, m a store, occupied for the purpose, at Geneva, where he was selling them, for the account oV Smith ¿y Soulden ; also, the books of account in the same store, and 146 dollars and 73 cents, in cash,…
1Per curiam
Where an execution is issued for the separate debt of one partner, it has been ihe constant practice to take the share which such partner has in the partnership property; (a) but it has been settled, at least, since the case of Fox v. Hanbury, (Cowp. 445.) that the sheriff can sell only the actual interest which such partner has in the partnership property after the accounts are settled, or subject to the partnership debts. The separate creditor takes it in the same manner, as the debtor himself had it, and subject to the rights of the other partner. (b) The sheriff, therefore, does not seize…
2Cases cited1 opinion
- Moody v. PayneNew York Court of Chancery · 1817
3Cited by27 opinions
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Sirrine v. BriggsMichigan Supreme Court · 1875
- Riley v. WilsonTexas Supreme Court · 1893
- Hutchinson v. DuboisMichigan Supreme Court · 1881
- Hayes v. WetherbeeCalifornia Supreme Court · 1882
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