Legal Opinion

Spratt's Ex'x v. First National Bank

Court of Appeals of Kentucky

Decided April 22, 1886PublishedCited by 4 opinions

Case 13 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. In a'distribution between partnership and individual creditors, ■ of an insolvent estate, the firm creditors are not entitled to receive any' thing from the individual estate until the individual creditors have received from the individual assets a per cent, equal to that which the firm creditors have received from the firm estate; and where there are two firms with a common partner and common creditors, a…

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Case 13 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. In a'distribution between partnership and individual creditors, ■ of an insolvent estate, the firm creditors are not entitled to receive any' thing from the individual estate until the individual creditors have received from the individual assets a per cent, equal to that which the firm creditors have received from the firm estate; and where there are two firms with a common partner and common creditors, a creditor who has received dividends from the assets of both firms can not receive a dividend from the private estate of…

1Opinion of the Court

JUDGE LEWIS

DELIVERED T.HE OPINION OF THE COURT.

Appellant, executrix of Gr. Spratt, deceased, brought this action under chapter 3, title 10, Civil Code, for the settlement of his estate.

At the time of his death Gr. Spratt, together with Charles Bridges, W. H. Bridges, and J. P. Thompson composed the firm of Gt. Spratt & Co., tobacco warehousemen, in the city of Louisville.

He had also, with Charles Bridges and one R. J. Daniel, entered into certain partnership ventures for the purchase and sale of tobacco, which were distinct from the business of Gr. Spratt & Co. But by-an agreement between the…

2Cases cited1 opinion

  1. German Security Bank v. JeffersonCourt of Appeals of Kentucky · 1874

3Cited by4 opinions

  1. Tod v. Kentucky Union Land Co.U.S. Circuit Court for the District of Kentucky · 1893
  2. Hill v. Cornwall & Bro.'s AssigneeCourt of Appeals of Kentucky · 1894
  3. Masonic Savings Bank v. Bangs' Adm'rCourt of Appeals of Kentucky · 1886
  4. Bank of Louisville v. LockridgeCourt of Appeals of Kentucky · 1892

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