Rice v. Barnard
Supreme Court of Vermont
In Chancery. Appeal from the court of chancery. The orator alleged, in substance, that about the first of January, 1830, the defendants Fletcher and Rice entered into partnership, under the firm of Fletcher & Rice, for the purpose of transacting various kinds of business, and continued so to transact business until March 14, 1842, when they became insolvent; that while they were so doing business they became indebted to Hugh Henry in the sum of 82500, for money advanced to…
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In Chancery. Appeal from the court of chancery. The orator alleged, in substance, that about the first of January, 1830, the defendants Fletcher and Rice entered into partnership, under the firm of Fletcher & Rice, for the purpose of transacting various kinds of business, and continued so to transact business until March 14, 1842, when they became insolvent; that while they were so doing business they became indebted to Hugh Henry in the sum of 82500, for money advanced to be used in the prosecution of their business, and executed a note therefor, which was also signed by the orator and one…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
If this were the case of an ordinary copartnership, we should certainly be disposed to apply the same rule, in regard to real estate belonging to a partnership, which was applied to personal estate, in the case of Washburn et al. v. Bank of Bellows Falls et al., 19 Vt. 278. It is not a subject which we have much examined, and we do not find it necessary to determine it at present; but no sound reason now occurs to us, why real estate belonging to copartnership funds should not follow the same law of distribution, in a court of chancery,…
2Cases cited1 opinion
- Washburn v. Bank of Bellows FallsSupreme Court of Vermont · 1847
3Cited by29 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- Schmidlapp & Bros. v. S. D. Currie & Co.Mississippi Supreme Court · 1878
- Gilbert v. StockmanWisconsin Supreme Court · 1892
- Jones, McDowell & Co. v. FletcherSupreme Court of Arkansas · 1883
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