Stokes v. Anderson
California Supreme Court
Appeal from the Third Judicial District, County of Ala-meda, California. Judgment for Plaintiffs. Defendants appeal. The facts- are stated in the opinion of the Court. The partnership creditors must in any event, be first paid from the partnership assets before the creditor of an individual partner. (Chase v. Steel, 9 Cal. 64; Bmpee-r. Burn, 22 Id. 194; Collins v. Hood, 4 McLean, 186; Cooler. Banh, TJ.
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Appeal from the Third Judicial District, County of Ala-meda, California. Judgment for Plaintiffs. Defendants appeal. The facts- are stated in the opinion of the Court. The partnership creditors must in any event, be first paid from the partnership assets before the creditor of an individual partner. (Chase v. Steel, 9 Cal. 64; Bmpee-r. Burn, 22 Id. 194; Collins v. Hood, 4 McLean, 186; Cooler. Banh, TJ. S. 3 Cranch. 95.) Tbe defendant in an attachment suit must be alleged to be the owner of the goods seized. (Richardson v. Smith, 29 Cal. 529.) The contract of each partner will bind his…
1Opinion of the Court
Crockett, J.,
delivered the following opinion, Wallace, J., concurring:
The action is replevin to recover a quantity of grain in sacks; and the plaintiffs having recovered a judgment, the defendants have appealed on the judgment, the defendants have appealed on the judgment-roll alone. From the findings it appears that the grain was grown by Neuart & Young, as partners, during the season of 1869; that in June of that year Neuart, in satisfaction of his individual indebtedness to the plaintiffs, sold them the grain in controversy, then growing in the field, and agreed to harvest, thresh, sack…
2Cited by2 opinions
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