Kenney v. Howard
Supreme Court of Vermont
Debt on bond. Heard upon an agreed statement of facts at the May term, 1895, Windsor county, Taft, J., presiding. Judgment for the defendant. The plaintiff excepts. When Howard gave his individual note for the partnership debts the estate of the deceased partner was relieved from all liability to partnership creditors.
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Debt on bond. Heard upon an agreed statement of facts at the May term, 1895, Windsor county, Taft, J., presiding. Judgment for the defendant. The plaintiff excepts. When Howard gave his individual note for the partnership debts the estate of the deceased partner was relieved from all liability to partnership creditors. Sprague v. Ainsworth, 40 Vt. 47. Downer’s estate was still liable to the defendant to pay its share of the notes which he had given for the partnership indebtedness. Addison Con., s. 318; Sprague v. Ainsworth, 40 Vt. 47.
1Opinion of the CourtRoss, C. J.
Chester Downer and defendant, Howard, were partners in a lumbering business. February 14, 1890, Chester Downer deceased. The partnership then owned a large amount of personal property and real estate, and was also indebted to a large amount. The defendant, Howard, the surviving partner, being unable to sell the partnership property so as to meet the debts of the firm, raised money on his own notes to pay a portion of such indebtedness. He had sold some of such, property for which he had not been paid. The remaining partnership personal property had been appraised as a part of the estate of…
2Cases cited1 opinion
- Sprague v. AinsworthSupreme Court of Vermont · 1867