Miller v. Estill
Ohio Supreme Court
In error to the District Court of Columbiana county. The record shows the following state of facts : Prior to the first of August, 1854, William B. Travis had been engaged, on his own account, in the dry goods mercantile business, in the town of New Lisbon. James A. Estill and Lewis Beebout, under the style of Estill & Beebout, were also engaged in the same business at the same time and place.
Read the full summary
In error to the District Court of Columbiana county. The record shows the following state of facts : Prior to the first of August, 1854, William B. Travis had been engaged, on his own account, in the dry goods mercantile business, in the town of New Lisbon. James A. Estill and Lewis Beebout, under the style of Estill & Beebout, were also engaged in the same business at the same time and place. On the first of August, 1854, Travis, and Estill & Beebout, entered into an arrangement by which they combined their two several stocks of goods, and formed a new firm under the name of Travis, Estill &…
1Opinion of the CourtJ. R. Swan, J.
It is assigned for error that the court below erred in the distribution made of the funds in the hands of the plaintiff, George Miller, assignee of William B. Travis ; and also in the distribution of the funds in the hands of Small, the receiver. The determination of these assignments of error involves the question whether either Travis, or the creditors of the several firms, had any priority over each other in the payment of debts out of the funds created by the sale of the goods.
Partnership property is primarily liable to pay partnership debts; and the surplus, if any, belongs to the…
2Cited by6 opinions
- R. L. McDonald & Co. v. Cash & HaindsMissouri Court of Appeals · 1894
- Kilhoffer v. ZeisNew York Supreme Court · 1919
- Citizens National Bank v. WehrleOhio Circuit Courts · 1897
- Lotze v. City of CincinnatiOhio Superior Court, Cincinnati · 1897
- McGregor v. EllisOhio Superior Court, Cincinnati · 1858
1 more not listed; retrieve them via the Exa API.