Fillyau v. Laverty
Supreme Court of Florida
Appeal from decree of the Circuit Court of the County of Gadsden, pronounced by the Hon. Thomas Baltzell, Judge of the Middle Circuit, at the Fall Term, 1849. Henry Laverty, who was complainant in the Court below, on the 3d day of June, 1844, filed his bill against Banks Meacham, administrator, and Oscar Fillyau and Adna, his wife, heirs and distributees of William D. Harrison, deceased, to recover of his estate the amount of a partnership debt of the said Harrison and one…
Read the full summary
Appeal from decree of the Circuit Court of the County of Gadsden, pronounced by the Hon. Thomas Baltzell, Judge of the Middle Circuit, at the Fall Term, 1849. Henry Laverty, who was complainant in the Court below, on the 3d day of June, 1844, filed his bill against Banks Meacham, administrator, and Oscar Fillyau and Adna, his wife, heirs and distributees of William D. Harrison, deceased, to recover of his estate the amount of a partnership debt of the said Harrison and one Wilder, who were in the life-time of Harrison, partners in trade. This partnership debt was evidenced by the following…
1Opinion of the CourtHawkins, J.
The case before us has been argued very elaborately and ably, and we have given it the consideration due to the importance of the questions involved in the discussion, an importance much enhanced from the likelihood of their frequent recurrence in practice in the Courts of our State.
The main points presented for decision are these :
1st. Whether on a bill filed by a creditor of a partnership against the representatives of a deceased partner, it is necessary that the surviving partner should be made a party to the bill after judgment against him at law.
2d. Can a creditor of a partnership, upon…
2Cases cited3 opinions
- Townsley v. SumrallSupreme Court of the United States · 1829
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Utica Insurance v. PowerNew York Court of Chancery · 1831
3Cited by21 opinions
- Sanderson's Administrators v. SandersonSupreme Court of Florida · 1880
- Sammis v. JamesSupreme Court of Florida · 1893
- Bush v. AdamsSupreme Court of Florida · 1886
- Clayton v. DinwoodeyUtah Supreme Court · 1908
- Hayes v. Belleair Development Co.Supreme Court of Florida · 1935
16 more not listed; retrieve them via the Exa API.