Witter v. Richards
Supreme Court of Connecticut
Tuis was a bill in chancery, stating, That on the 9th of April, 1832, and for a year before, &ephem C. Rutchinson and Luther Kinne were copartners in a small shop in the town of Griswold; that on the 9th, 14th and 19th days of April of that year, they possessed certain goods, of the value of 800 dollars, purchased by them of the plaintiff and of others whose debts the plaintiff has assumed; that on said 19th of April, J~L .1 Richards, one of the defendants, as guardian of…
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Tuis was a bill in chancery, stating, That on the 9th of April, 1832, and for a year before, &ephem C. Rutchinson and Luther Kinne were copartners in a small shop in the town of Griswold; that on the 9th, 14th and 19th days of April of that year, they possessed certain goods, of the value of 800 dollars, purchased by them of the plaintiff and of others whose debts the plaintiff has assumed; that on said 19th of April, J~L .1 Richards, one of the defendants, as guardian of certain mi nor children, attached said goods, in a suit in the name of the judge of probate, on a bond given to said…
1Opinion of the CourtWilliams, J.
That the partnership creditors generally, have a right to the partnership effects, in preference to the creditors of an individual partner, has not been contested. It was settled by Lord Hardwicke, in West v. Skip, 1 Ves. 239. It was recognized in New- York, in Nicoll & al. v. Mumford, 1 Johns. Chan. Rep. 522; in Massachusetts, in Pierce v. Jackson, 6 Mass. Rep. 242. and by this court, in Brewster & al. v. Hammet, 4 Conn. Rep. 540.
But it is claimed, that as this partnership was a dormant one, and as the creditors did not know of its existence, they ought to stand upon the same ground as the…
2Cases cited3 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Church v. KnoxSupreme Court of Connecticut · 1818
- Brewster v. HammetSupreme Court of Connecticut · 1823
3Cited by10 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
- Silberman v. BlodgettSupreme Court of Connecticut · 1926
- State Ex Rel. Gordon Memorial Hospital, Inc. v. West Virginia State Board of Examiners for Registered NursesWest Virginia Supreme Court · 1951
- Thompson v. OrcuttConnecticut Appellate Court · 2002
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