Washburn v. Bank of Bellows Falls
Supreme Court of Vermont
Appeal from the court of chancery. The orators, who brought this bill as well in behalf of themselves as of such other creditors as might join with them, alleged, that the defendants Asa Lawton, Pratt and George H. Lawton had been partners in trade, doing business under the firm of A. Lawton & Co.; that the firm became indebted to the orators respectively, and the orators commenced suits at law against the firm and attached therein the partnership property, which suits were…
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Appeal from the court of chancery. The orators, who brought this bill as well in behalf of themselves as of such other creditors as might join with them, alleged, that the defendants Asa Lawton, Pratt and George H. Lawton had been partners in trade, doing business under the firm of A. Lawton & Co.; that the firm became indebted to the orators respectively, and the orators commenced suits at law against the firm and attached therein the partnership property, which suits were still pending; that the other defendants, except Roberts, were respectively creditors of individual members of the firm,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This is a bill, brought by the creditors of a partnership, on the part of themselves and so many as may join in the suit, claiming a preference over the separate creditors of the partners, and that the latter may be restrained from levying upon the partnership effects, until the claims of the plaintiffs are satisfied. The Bellows Falls Bank is the first in the order of the attachments, and that and the other creditors of the separate partners are sufficient to absorb all the funds of the partnership, which have been reduced to cash by the…
2Cases cited10 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Egberts v. WoodNew York Court of Chancery · 1831
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Brewster v. HammetSupreme Court of Connecticut · 1823
- Smith v. JacksonNew York Court of Chancery · 1833
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Rice v. BarnardSupreme Court of Vermont · 1848
- Barton National Bank v. AtkinsSupreme Court of Vermont · 1899
- F. R. Patch Manufacturing Co. v. CapelessSupreme Court of Vermont · 1906
- Doggett v. DillIllinois Supreme Court · 1884
- Hubbard v. CurtisSupreme Court of Iowa · 1859
19 more not listed; retrieve them via the Exa API.