Stahl v. Osmers.
Oregon Supreme Court
From Morrow: Stephen A. Lowell, Judge. Suit by Mrs. J. H. Stahl and others against Dan Osmers and others to compel the vendees of partnership property acquired from the individual partners to account for and apply the proceeds thereof to the payment of partnership debts. The facts are practically undisputed, and the only controversy is about the application of the law thereto.
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From Morrow: Stephen A. Lowell, Judge. Suit by Mrs. J. H. Stahl and others against Dan Osmers and others to compel the vendees of partnership property acquired from the individual partners to account for and apply the proceeds thereof to the payment of partnership debts. The facts are practically undisputed, and the only controversy is about the application of the law thereto. On July 6, 1893, the defendants Dan Osmers and Mat Hughes were partners in the saloon business at Heppner, and were the owners of a stock of wines, liquors, and cigars of the alleged value of $800, and were insolvent.…
1Opinion of the CourtJustice Bean
The complaint charges fraud in the sale and transfer by the defendant Mat Hughes of his interest in the partnership property to his co-defendant, John Hughes. But this allegation is wholly unsupported by evidence, and therefore the only question for determination on this appeal is whether simple contract creditors of a partnership have such a lien upon the assests of the firm as will enable them to follow and subject such assets, or the proceeds thereof, to.the payment of the firm debts after all partners have parted with their interest therein. Upon this question there is some conflict in…
2Cases cited7 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Huiskamp v. Moline Wagon Co.Supreme Court of the United States · 1887
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Caldwell Backing & T. Co. v. PorterOregon Supreme Court · 1908