Rodgers v. Meranda
Ohio Supreme Court
This is a petition in error to reverse the judgment of the common; pleas of Clark county. The original proceeding was a petition for an order of distribution of the separate or individual assets of an insolvent debtor, as between separate and partnership creditors.
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This is a petition in error to reverse the judgment of the common; pleas of Clark county. The original proceeding was a petition for an order of distribution of the separate or individual assets of an insolvent debtor, as between separate and partnership creditors. It appears from the record, that about the 13th of June, 1854, Peter Murray, an insolvent debtor, made an assignment of all his. estate, real and personal, to the plaintiff, in trust for the payment, of his individual creditors, in proportion to the amount of their respective demands. Though possessed of a large and valuable…
1Opinion of the CourtBartley, C. J.
Two questions are presented for determination in this case. The first is, whether in the distribution of the assets •of insolvent partners, where there are both individual and partnership assets, the individual creditors of a partner are entitled to be ■first paid out of the individual effects of their debtor, before the partnership creditors are entitled to any distribution therefrom. It is well settled that, in the distribution of the assets of insolvent partners, the partnership creditors are entitled to a priority in the partnership effects; so that the partnership debts must be settled…
2Cases cited7 opinions
- Egberts v. WoodNew York Court of Chancery · 1831
- Murray v. MurrayNew York Court of Chancery · 1821
- Murrill v. NeillSupreme Court of the United States · 1850
- Bardwell v. PerrySupreme Court of Vermont · 1847
- Camp v. GrantSupreme Court of Connecticut · 1851
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