Mansfield v. Blaisdell
Superior Court of New Hampshire
Case against the defendant, a deputy sheriff, for hot levying an execution in favor of the plaintiffs against Hubbard Harris and Jacob Blaisdell, upon certain goods which had been attached upon mesne process, as the partnership property of said Harris and Blaisdell.
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Case against the defendant, a deputy sheriff, for hot levying an execution in favor of the plaintiffs against Hubbard Harris and Jacob Blaisdell, upon certain goods which had been attached upon mesne process, as the partnership property of said Harris and Blaisdell. The cause was tried here upon the general issue, at May term, 1829, when it appeared in evidence, that on the 30th October, 1826, by virtue of a writ in favor of the Grafton bank against Jacob Blaisdell, his interest in the goods belonging to the firm of Harris and Blaisdell was attached ; and on the same day, by virtue of a writ…
1Opinion of the Court
The opinion of the court was delivered by
Richardson, C. J.
It seems to have been understood as settled law for a long time, that the share which a partner has in the partnership property, may be taken and sold by virtue of an execution issued for his separate debt.
According to the old cases in the courts of law the separate creditor took the goods of the partners, and sold the share of his debtor, without enquiring what were the rights of the other partners or what was the real share of each. 1 Shower, 169, Blackhurst v. Clinkard; 1 Salkeld, 392; Comyn’s Rep. 277.
But the true nature of a…
2Cases cited3 opinions
- In re SmithNew York Supreme Court · 1819
- Fisk v. HerrickMassachusetts Supreme Judicial Court · 1810
- Moody v. PayneNew York Court of Chancery · 1817
3Cited by3 opinions
- Morrison v. BlodgettSuperior Court of New Hampshire · 1836
- Jarvis v. BrooksSuperior Court of New Hampshire · 1853
- Ferson v. MonroeSuperior Court of New Hampshire · 1850