Gomez v. Vazquez

This is a motion to vacate a warrant of attachment levied upon the individual property, consisting of a bank account, of a member of a partnership.

It is necessary to determine whether the property of an individual partner may be attached in an action based upon a partnership debt, arising out of an alleged contractual obligation oí the partners. The obligation of the partners in such case is joint, not joint and several. (Partnership Law, § 26, subd. 2.) It was the same at common law. (Seligman v. Friedlander, 199 N. Y. 373, 376.) Nevertheless joint creditors may at law satisfy an execution…