Aiken v. Steiner
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried, before tbe Hon. John P. Hubbakd. This cause originated in a writ of attachment sued out by the appellees, Steiner & Lobman against Aiken & Co., a partnership composed of the appellant, and one Yincent, and levied upon the stock of goods, wares and merchandise in the possession of said Aiken, and which had’ recently belonged to the partnership of which he was a member, but which the appellant claimed to have purchased from Aiken & Co.…
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Appeal from Pike Circuit Court. Tried, before tbe Hon. John P. Hubbakd. This cause originated in a writ of attachment sued out by the appellees, Steiner & Lobman against Aiken & Co., a partnership composed of the appellant, and one Yincent, and levied upon the stock of goods, wares and merchandise in the possession of said Aiken, and which had’ recently belonged to the partnership of which he was a member, but which the appellant claimed to have purchased from Aiken & Co. After the levy of the attachment the appellant filed .his claim of exemption with the sheriff, to the goods levied upon,…
1Opinion of the CourtColeman, J.
The facts in the case are agreed upon, and present but one question for our consideration.
The partnership assets of a firm composed of two members are of less value than one thousand dollars, and the members of the firm own no other property. One member, who is insolvent, sells out for a cash consideration his entire interest in the partnership to his co-partner. Can the purchasing partner hold the property under the exemption laws, against a creditor of the partnership?
Creditors of a partnership have no claim to, or lien upon, partnership property, but the partners themselves have such a…
2Cases cited6 opinions
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Reese & Heylin v. BradfordSupreme Court of Alabama · 1848
- Giovanni v. First National Bank of MontgomerySupreme Court of Alabama · 1876
- Schlapback v. LongSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. HeinemanSupreme Court of Alabama · 1897
- In re Assignment of Spitz Bros.New Mexico Supreme Court · 1896
- Berney National Bank v. Guyon & Co.Supreme Court of Alabama · 1895
- Porter & Co. v. UllmanSupreme Court of Alabama · 1894