Legal Opinion

Schmidlapp & Bros. v. S. D. Currie & Co.

Mississippi Supreme Court

Decided April 15, 1878PublishedCited by 26 opinions

Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. The case is stated in the opinion of the court. 1. A firm is in law distinct from the members who compose it, and a transfer of firm property to pay the individual debts-of a member of the firm is a voluntary conveyance, without any valuable consideration, and is void as to the existing partnership creditors. Stegall v. Coney & Rice, 49 Miss. 761; Williams v. Cage, 49 Miss. 777 ; Bump’s Fr.

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Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. The case is stated in the opinion of the court. 1. A firm is in law distinct from the members who compose it, and a transfer of firm property to pay the individual debts-of a member of the firm is a voluntary conveyance, without any valuable consideration, and is void as to the existing partnership creditors. Stegall v. Coney & Rice, 49 Miss. 761; Williams v. Cage, 49 Miss. 777 ; Bump’s Fr. Conv. 227, 381. 2. If a transfer is fraudulent, the creditors are not affected thereby, but may avail themselves of all the remedies…

1Opinion of the CourtChalmers, J.

Harney and Washington were partners in a liquor saloon, the former having contributed the- capital, and the latter his-services. Harney, having become indebted to Odeneal, transferred to him in part payment of the indebtedness, and with the knowledge and consent of Washington, the entire business- and stock of the partnership. Odeneal subsequently took in Currie as a partner, and the business was continued under the style-of S. D. Currie & Co. The debt of Harney to Odeneal, jvhich formed the consideration of the transfer, was the individual debt of Harney, for which neither Washington ñor the…

2Cases cited2 opinions

  1. Allen v. Center Valley Co.Supreme Court of Connecticut · 1851
  2. Rice v. BarnardSupreme Court of Vermont · 1848

3Cited by26 opinions

  1. Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
  2. Sexton v. AndersonSupreme Court of Missouri · 1888
  3. Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
  4. Swearingen v. BassettTexas Supreme Court · 1886
  5. Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891

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