McLain v. Carson's Ex'r
Supreme Court of Arkansas
This was an appeal-from the Probate Court of Lafayette county, tried in September, 1841, in-the Lafayette Circuit Court, before the Hon. William Conway B., one of the Circuit Judges. The firm of Sarah Percifull & Co., composed of Samuel P. Carson and Sarah Percifull, purchased a quantity of articles of McLain & Badgett.
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This was an appeal-from the Probate Court of Lafayette county, tried in September, 1841, in-the Lafayette Circuit Court, before the Hon. William Conway B., one of the Circuit Judges. The firm of Sarah Percifull & Co., composed of Samuel P. Carson and Sarah Percifull, purchased a quantity of articles of McLain & Badgett. Some time afterwards, Carson died, and McLain & Badgett exhibited their account against Sarah Percifull, duly authenticated, to his executor, Robert Hamilton, for allowance. He having refused to allow the account, McLain & Badgett presented it to the Probate Court of Lafayette…
1Opinion of the Court
By the Court,
Lacy, J.
The doctrine of partnership, in these cases, is well settled in England. At law, the contract was always treated as a joint agreement; and, upon the death of one partner, a joint creditor could not proceed against his separate estate. The reason is, that, by the death of the joint partner, the joint contract, as to him, becomes extinguished. The creditor may have his action against the survivor or joint contractor. 1 Ch. Pl. 57. Collier on Part. 337. In equity, there is some conflict between the authorities. The creditor, in equity, will be permitted to receive…
2Cited by7 opinions
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- Poppleton v. JonesOregon Supreme Court · 1902
- Hargadine v. GibbonsMissouri Court of Appeals · 1891
- Estate of BloomerWisconsin Supreme Court · 1958
- Hicks v. BrantonSupreme Court of Arkansas · 1860
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