Legal Opinion

Wolfe v. Hewes

Court of Appeals of North Carolina

Decided May 1, 1979No. 7827SC476PublishedCited by 6 opinions

1Opinion of the Court

ERWIN, Judge.

Plaintiffs assign as error the court’s dismissal of their notices of liens and Us pendens. We affirm.

It is well settled that each partner has the right to insist that partnership assets be applied in payment of partnership debts. Casey v. Grantham, 239 N.C. 121, 79 S.E. 2d 735 (1954). This right is sometimes loosely referred to as a partner’s lien. Actually, the right is not, in fact, a lien as such, because it is equally well settled that a partner has .no individual ownership in any specific assets of the firm. 1 J. Barrett & E. Seago, Partners and Partnerships Law and Taxation…

2Cases cited9 opinions

  1. Kelly v. International Harvester CompanySupreme Court of North Carolina · 1971
  2. Stewart v. Nation-Wide Check CorporationSupreme Court of North Carolina · 1971
  3. Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
  4. Casey v. GranthamSupreme Court of North Carolina · 1954
  5. Cutts v. CaseySupreme Court of North Carolina · 1967

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Potter v. Homestead Preservation Ass'nSupreme Court of North Carolina · 1992
  2. Hooper v. MusolinoSupreme Court of Virginia · 1988
  3. Lee v. Crosswhite (In Re Crosswhite)United States Bankruptcy Court, M.D. Florida · 1988
  4. Doby v. LowderCourt of Appeals of North Carolina · 1984
  5. Employers Casualty Company, a Corporation v. Employers Commercial Union Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980

1 more not listed; retrieve them via the Exa API.

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