R. W. Smith & Co. v. Mallory's Ex'r
Supreme Court of Alabama
Appeal from the Court of Probate of Mobile. The estate of George M. Mallory having been declared insolvent, the appellants, Robert W. Smith & Co., filed as a claim against his estate certain notes which they held against the firm of George M. Mallory & Co., which was composed of said Mallory and one John Meldrum.
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Appeal from the Court of Probate of Mobile. The estate of George M. Mallory having been declared insolvent, the appellants, Robert W. Smith & Co., filed as a claim against his estate certain notes which they held against the firm of George M. Mallory & Co., which was composed of said Mallory and one John Meldrum. On the trial of the case, it was admitted that these notes were executed by said firm, during the lifetime of said Mallory, in the usual course of their business ; that the appellants had brought suit on them, after the death of Mallory, against said Mel-drum, the surviving partner,…
1Opinion of the CourtGoldthwaite, J.
The evidence clearly shows, that the estate of the surviving copartner, Meldrum, was insolvent ; but it also, as we think, shows a joint fund in his hands, and as the estate of the deceased copartner is insufficient to pay its separate debts, the sole question is, whether under these circumstances, the partnership creditors are entitled to share pari passu with the separate creditors, in the estate of the deceased partner.
That the joint creditors have a primary claim upon the joint fund, to the exclusion of the separate creditors, in the administration and distribution of the estates of…
2Cases cited8 opinions
- Murray v. MurrayNew York Court of Chancery · 1821
- Murrill v. NeillSupreme Court of the United States · 1850
- Camp v. GrantSupreme Court of Connecticut · 1851
- Emanuel v. BirdSupreme Court of Alabama · 1851
- Von Pheel v. ConnallySupreme Court of Alabama · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Duehay v. Acacia Mut. Life Ins. Co.Court of Appeals for the D.C. Circuit · 1939
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- Hundley v. FarrisSupreme Court of Missouri · 1890
- Ault v. BradleySupreme Court of Missouri · 1905
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