Harrington v. Herrick
Court of Appeals for the Ninth Circuit
Error to the United States Circuit Court for the District of Washington, Northern Division. Action by E. M. Herrick against W. A. Harrington, surviving partner of the firm of Harrington & Smith, on promissory notes executed by such firm. There was an order sustaining a motion to strike defendant’s plea in abatement, and a judgment for plaintiff. Defendant brings error.
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Error to the United States Circuit Court for the District of Washington, Northern Division. Action by E. M. Herrick against W. A. Harrington, surviving partner of the firm of Harrington & Smith, on promissory notes executed by such firm. There was an order sustaining a motion to strike defendant’s plea in abatement, and a judgment for plaintiff. Defendant brings error. Plaintiff in the court below brought his action against the defendant upon four promissory notes executed in the firm name of Harrington & Smith, averring that the defendant, W. A. Harrington, and one Andrew Smith were*, at the…
1Opinion of the Court
After stating the case as above,
MeKENNA, Circuit Judge,
delivered the following opinion:
It is conceded by plaintiff in error that according to the common law the action was properly brought, and to establish it defendant in error quotes a number of text writers and decisions. We may therefore start with this rule as established.
It is expressed in Bates on Partnership (section 746), as follows:
“In collecting claims due from the firm by action against tlie surviving partner the remedy is at law, and not in chancery, for the survivor has all the assets, and there is no need to apply to equity,…
2Cases cited5 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Stephens v. Monongahela BankSupreme Court of the United States · 1884
- Burnside v. . WhitneyNew York Court of Appeals · 1860
- Cook v. LewisSupreme Judicial Court of Maine · 1853
- Putnam v. ParkerSupreme Judicial Court of Maine · 1867
3Cited by14 opinions
- Hoffman v. PalmerCourt of Appeals for the Second Circuit · 1942
- Commissioner of Internal Revenue v. Beck's EstateCourt of Appeals for the Second Circuit · 1942
- Dow v. SimpsonNew Mexico Supreme Court · 1912
- In Re Columbia Tobacco Co.Court of Appeals for the Second Circuit · 1941
- Poppleton v. JonesOregon Supreme Court · 1902
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