Moody v. Payne
New York Court of Chancery
HENRY, for the defendants, moved to dissolve the injunction which had been issued in this cause, on the ground that the answer denied all the equity of the bill. The bill was for an account of the partnership concern, after a dissolution, and to enforce a sale at law, under a judgment confessed by H. Payne, one of the partners, after the dissolution, for his separate debt, due the other defendant, A. Payne, and under which judgment partnership property had been seized.
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HENRY, for the defendants, moved to dissolve the injunction which had been issued in this cause, on the ground that the answer denied all the equity of the bill. The bill was for an account of the partnership concern, after a dissolution, and to enforce a sale at law, under a judgment confessed by H. Payne, one of the partners, after the dissolution, for his separate debt, due the other defendant, A. Payne, and under which judgment partnership property had been seized. The bill stated a number of existing debts against the copartnership, and its insolvency. The answer denied the insolvency,…
1Opinion of the Court
The Chancellor.
*549[ * 550 ]
*548It is true, the execution at law only takes the interest of the partner who is sued, subject to the partnership debts; and there are difficulties in selling such an uncertain interest, before it is ascertained, by taking and stating the accounts in this Court, what is the interest to be sold. Lord Eldon, in Waters v. Taylor, (2 Vesey & Beame, 301.) felt the weight of that difficulty, but still he seemed to admit, that a Court of law might, in the mean time, go on and sell, and that this was the constant practice. I do not know that this Court has ever undertaken to…
2Cited by19 opinions
- In re SmithNew York Supreme Court · 1819
- Winston v. EwingSupreme Court of Alabama · 1840
- Church v. KnoxSupreme Court of Connecticut · 1818
- United States v. HackSupreme Court of the United States · 1834
- Mersereau v. NortonNew York Supreme Court · 1818
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