Butts & Havens v. Genung
New York Court of Chancery
This was an appeal from an order of a vice chancellor,overruling the demurrers of the appellants to the complainants9 bill. The defendant, Genung, and Parley Russell were partners, and were indebted to the complainants for goods.
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This was an appeal from an order of a vice chancellor,overruling the demurrers of the appellants to the complainants9 bill. The defendant, Genung, and Parley Russell were partners, and were indebted to the complainants for goods. Russell died intestate, in December, 1831; in July thereafter, the complainants recovered a judgment in the supreme court against Genung, as the surviving partner, for the amount of the debt, upon which judgment a fi. fa. was issued, and was returned unsatisfied. The complainants thereupon filed their bill in this cause, against Genung, the surviving partner, and…
1Opinion of the Court
The Chancellor.
There is no doubt as to the liability, in equity, of the real as well as the personal estate of the deceased partner, for the payment of the partnership debts; the surviving partner being insolvent, and unable to pay any thing. The separate creditors of the deceased partner are, however, entitled to a priority in payment out of his individual property. (Egberts v. Wood, 3 Paige’s Rep. 517.) Whether it was absolutely necessary that the insolvent partner should be made a party to a suit against the representatives of the decedent, to enable the complainants to reach the estate of…
2Cases cited1 opinion
- Swift v. Blair'sNew York Supreme Court · 1835
3Cited by20 opinions
- Hauselt v. . PattersonNew York Court of Appeals · 1891
- Titterington v. HookerSupreme Court of Missouri · 1875
- Wood v. WoodNew York Supreme Court · 1858
- Schmitz v. . LanghaarNew York Court of Appeals · 1882
- Mersereau v. . RyerssNew York Court of Appeals · 1850
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