Legal Opinion

Jones v. Dexter

Massachusetts Supreme Judicial Court

Decided October 21, 1878PublishedCited by 8 opinions

Bill in equity by one partner, Jones, against his copartner, Dexter, and two other persons, to settle the affairs of a part? nership.

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Bill in equity by one partner, Jones, against his copartner, Dexter, and two other persons, to settle the affairs of a part? nership. The bill alleged that the partnership, at the time of its dissolution in 1861, owned a share in the whaling barque Ocean Rover, then at sea, and in her outfits and catchings, and that in 1862, upon the voyage, the vessel and her cargo were destroyed by the insurgent cruiser Alabama, and this share was not insured , and that pursuant to a decision of the Court of Commissioners of Alabama Claims, the sum of $1564 had been paid to Dexter in respect of his and the…

1Opinion of the CourtGray, C. J.

It would seem that the assignment under the insolvent laws vested in the assignee in insolvency the title to the insolvent debtor’s share in the partnership assets, including the sums awarded by the Court of Commissioners of Alabama Claims. Gen. Sts. c. 118, § 44. Barker v. Goodair, 11 Ves. 78. Murray v. Murray, 5 Johns. Ch. 60, 78. Gray v. Bennett, 3 Met. 522, 525. Comegys v. Vasse, 1 Pet. 173. United States v. Hunter, 5 Mason, 62, and 5 Pet. 193. Leonard v. Nye, ante, 455. But, upon the allegations of the amended bill, all the debts proved against the estate in insolvency, or existing at…

2Cases cited4 opinions

  1. Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
  2. Montgomery v. LamptonCourt of Appeals of Kentucky · 1861
  3. Murray v. MurrayNew York Court of Chancery · 1821
  4. United States v. HunterU.S. Circuit Court for the District of Rhode Island · 1828

3Cited by8 opinions

  1. Jones v. DexterMassachusetts Supreme Judicial Court · 1881
  2. Heard v. SturgisMassachusetts Supreme Judicial Court · 1888
  3. Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
  4. Kenyon v. WrisleyMassachusetts Supreme Judicial Court · 1888
  5. Wood v. BakerNew York Supreme Court · 1891

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