Weisel v. . Cobb
Supreme Court of North Carolina
Civil action", hoard before Brown, J., at January Special Term, .1894, of Pasquotank Superior Court. The purpose of the action was to obtain an. accounting by the defendant of his trusteeship under a deed of assignment made by Moses Weisel, the plaintiff, surviving partner of the firm of H. Weisel & Son.
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Civil action", hoard before Brown, J., at January Special Term, .1894, of Pasquotank Superior Court. The purpose of the action was to obtain an. accounting by the defendant of his trusteeship under a deed of assignment made by Moses Weisel, the plaintiff, surviving partner of the firm of H. Weisel & Son. The assignment was as follows: “Whereas, the late linn of H. Weisel & Hon had pecuniary liabilities; and whereas, George W. Cobb has administered upon the estate of Samuel Weisel, deceased, who was senior member of said firm, now therefore, in order to enable the said Cobb, administrator, to…
1Opinion of the Court
Burwkll, J.:
The plaintiff, being the .survivor of the linn of S. AVeisel & Bon, succeeded bv right, of such sur-vivorship to all the assets of the partnership upon the death of his partner. They were vested in him as trustee, first, to pay out of them all the debts of the firm; and secondly, to divide-between himself and the administrator of his deceased partner what should remain after the payment of the firm debts according to the terms of the copartnership. The law gave him the title to all these assets, but along with it put upon him the burden of the trust. By the assignment set out in…
2Cited by5 opinions
- Sherrod v. . MayoSupreme Court of North Carolina · 1911
- Hodgin v. . BankSupreme Court of North Carolina · 1899
- In Re the Estate of JohnsonSupreme Court of North Carolina · 1950
- Weisel v. . CobbSupreme Court of North Carolina · 1896
- Hodgin v. Bank.Supreme Court of North Carolina · 1901