Bardwell v. Perry
Supreme Court of Vermont
Appeal from the court of chancery. The orator alleged, in his bill, that, on the tenth day of October, 1842, one William Bellows was indebted to him, and that he sued out a writ of attachment against, him, and placed the same in the hands of the defendant Porter, then constable of Athens, and caused to be attached thereon certain property which belonged to Bellows; that this suit was regularly entered and was still pending in court; that Bellows and one Philip Peck had…
Read the full summary
Appeal from the court of chancery. The orator alleged, in his bill, that, on the tenth day of October, 1842, one William Bellows was indebted to him, and that he sued out a writ of attachment against, him, and placed the same in the hands of the defendant Porter, then constable of Athens, and caused to be attached thereon certain property which belonged to Bellows; that this suit was regularly entered and was still pending in court; that Bellows and one Philip Peck had before that time been co-partners in trade under the firm of Philip Peck & Co., and, as such, were indebted to the defendants…
1Opinion of the Court
*297The opinion of the court was delivered by
Redfield, J.
Having just now determined, in the case of Washburn et al. v. Bellows Falls Bank et al., [ante p. 278,] that the partnership creditors are entitled to a preference in regard to partnership effects, it might be supposed to follow, almost as a matter of course, that the separate creditors ere equally entitled to a preference, as to the separate funds. But upon examination it will be found there are many difficulties in coming to this conclusion. I propose first to examine this case upon principle, and then with reference to the decided cases…
2Cases cited1 opinion
- Tucker v. OxleySupreme Court of the United States · 1809
3Cited by21 opinions
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- Barton National Bank v. AtkinsSupreme Court of Vermont · 1899
- F. R. Patch Manufacturing Co. v. CapelessSupreme Court of Vermont · 1906
- Gilbert v. QuimbyU.S. Circuit Court for the District of Southern New York · 1880
- Shedd v. WilsonSupreme Court of Vermont · 1854
16 more not listed; retrieve them via the Exa API.