Phillips v. Mendelsohn
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Harold N. Phillips against Herman T. Mendelsohn and another. From a judgment for plaintiff, defendant Alexander Schlang appeals.
1Dissent
WHITNEY, J. (dissenting).
The only precedent for this decision is Morrisey v. Berman, 47 Misc. Rep. 586, 94 N. Y. Supp. 596, decided by a divided court. The majority opinion in that case assumes that “even in the case of a going partnership” a creditor must first follow the firm assets. This assumption I understand not only to be unfounded, but opposed to law long well settled. The preference of firm assets as a fund for the payment of firm debts belongs to equity, probate, and bankruptcy procedure; that is, to cases where the firm is not being dealt with as a going concern. See Saunders v.…
2Cases cited24 opinions
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Crane v. . BennettNew York Court of Appeals · 1904
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Hubbard v. . GurneyNew York Court of Appeals · 1876
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