Labadie v. United States

Nott, Ch. J.,

delivered the opinion of the court:

At the common law the creditor of .one member of a copart-nership might proceed against that partner’s share of the partnership property, i. e., he might take, say, one-half of the partnership property to satisfy the personal debt of one partner. If the other partner should happen to die and the debtor *478should thereby become the surviving partner, the creditor could go farther and levy upon the whole of the partnership property and apply it to the satisfaction of the debt. If, on the other hand, the debtor should be the partner who died and there…