Greene v. Breck
New York Supreme Court
PPBAL from an order made at a special term, dismissing the complaint. The action was brought by the plaintiff, suing alone, as executor, for the purpose of setting aside an assignment for the benefit of creditors, made by a special partnership. (See the case at special term, reported 10 Abb. 42.)
1Opinion of the Court
By the Court,
Sutherland, J.
I am not aware that it has ever been held, or supposed, that the mere insolvency of a partnership, of itself, worked such a legal or equitable appropriation or distribution of its effects, to, or among all its creditors ratably, as to deprive a particular judgment creditor of his right to issue an execution, and to seize, and sell, and make his debt out of those effects ; or prevent any particular *74or individual creditor, who had no judgment, from commencing an action in his own name and right alone, and obtaining a judgment for his debt. And in the absence of any…
2Cases cited1 opinion
- Innes v. LansingNew York Court of Chancery · 1839
3Cited by1 opinion
- Hiler v. HetterickNew York Court of Common Pleas · 1873