Claflin & Co. v. Behr's Adm'r
Supreme Court of Alabama
Appeal from tbe Probate Court of Montgomery. Heard before tbe Hon. F. C. Bandolph. In tbe matter of tbe final settlement and distribution of tbe assets of tbe insolvent estate of Sam. Bebr, deceased, by H. C. Tompkins as administrator.
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Appeal from tbe Probate Court of Montgomery. Heard before tbe Hon. F. C. Bandolph. In tbe matter of tbe final settlement and distribution of tbe assets of tbe insolvent estate of Sam. Bebr, deceased, by H. C. Tompkins as administrator. Said S. Bebr died on tbe 6tb January, 1888, and bis estate was regularly declared insolvent on tbe 30th July, 1888. At tbe time of bis death, said Bebr was engaged in business in Montgomery with bis brother, Abe Bebr, and bad been so engaged for several years, under tbe firm name of S. Bebr & Brother. Soon after the death of S. Bebr, tbe surviving partner…
1Opinion of the CourtSomeeyille, J.
1. It is the settled doctrine in this State, too long and often declared to be now disturbed, that partnership creditors are not entitled to share pari passu with the separate creditors in the estate of a.deceased partner, when it is insufficient to pay the separate debts, and the surviving partner, or other trustee of the partnership assets, though insolvent, has a joint fund in his hands. Especially is this true when a creditor has already shared in a distribution of a dividend from the partnership fund, as in this case. This rule has been uniformly followed in both the Chancery and Probate…
2Cases cited5 opinions
- Wilder v. KeelerNew York Court of Chancery · 1831
- R. W. Smith & Co. v. Mallory's Ex'rSupreme Court of Alabama · 1854
- Evans, Fite, Porter & Co. v. WinstonSupreme Court of Alabama · 1883
- Bridge & Co. v. McCullough's Adm'rsSupreme Court of Alabama · 1855
- Van Wagner & Yeoman v. Chapman's Adm'rSupreme Court of Alabama · 1856
3Cited by2 opinions
- Clark v. Johnson & LattimerAlabama Court of Appeals · 1913
- Power Grocery Co. v. HintonCourt of Appeals of Kentucky · 1920