Legal Opinion

Lindsey v. Corkery & Milward

Supreme Court of Virginia

Decided January 10, 1878Published

This was a bill in equity in the chancery court of the city of Richmond, filed in June, 1872, by John Lindsey, claiming to be a creditor of the late partnership firm of Corkery & Milward, and seeking to attach a debt due by judgment to said firm by Hill & Maddox.

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This was a bill in equity in the chancery court of the city of Richmond, filed in June, 1872, by John Lindsey, claiming to be a creditor of the late partnership firm of Corkery & Milward, and seeking to attach a debt due by judgment to said firm by Hill & Maddox. The partnership of Corkery & Milward had been dissolved; Milward had been declared a bankrupt, and had obtained his discharge in the United States district court for the eastern district of Virginia, and had left the state. Corkery had removed-to Louisiana, and had been declared a bankrupt in the United States court held in that…

1Opinion of the CourtBurks, J.

It is familiar doctrine, that in partnerships ■each partner has the right to have the partnership effects applied to the discharge of all the partnership debts before any one of the partners, or his personal representatives, or his individual creditors, can claim any right or title thereto. This right of appropriation is of such a fixed character that it is usually denominated a lien, and sometimes a quasi lien, or something approaching to a lien. It is an equity between the partners, springing from the nature of the contract of partnership, which inures, however, and becomes available to the…

2Cases cited2 opinions

  1. Bennett v. ThompsonCourt of Appeals of Kentucky · 1874
  2. Gaines v. HaleSupreme Court of the United States · 1876

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