Pearson & Anderson v. Keedy
Court of Appeals of Kentucky
Error to the Logan Circuit. Chancery. Case 29. A creditor of a firm, one of whom dies, has not, from that fact alone, a right to sue in chancery for a demand due from the firm The members of a partnership have the right to have the effects of the firm appropriated to the payment of the firm debts, and each have a lien to secute such appropriation, as ■well as any final balance in his favor.
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Error to the Logan Circuit. Chancery. Case 29. A creditor of a firm, one of whom dies, has not, from that fact alone, a right to sue in chancery for a demand due from the firm The members of a partnership have the right to have the effects of the firm appropriated to the payment of the firm debts, and each have a lien to secute such appropriation, as ■well as any final balance in his favor. Could a bill in chancery be maintained by creditor of afirm against a surviving partner tho’ he was alledged to be insolvent, without showing the inefficiency of the legal remedy, by judgment and return of…
1Opinion of the Court
Judge Marshall
delivered the opinion of the Court
We do not find, either in principle or precedents, any authority for the position that the creditor of a firm may, upon the death of one of the partners, go into Chancery as a matter of course, to coerce satisfaction of a legal demand, out of the effects of the firm in the hands of the survivor. If the survivor is solvent the legal remedy against him is plain and as efficient to reach the effects of the firm in his hands, of whatever discriplion they may be, as the like remedy against any other individual is, to reach his effects of the same…
2Cited by9 opinions
- Hooper v. HooperWest Virginia Supreme Court · 1889
- Hooper v. Hooper's Ex'rsWest Virginia Supreme Court · 1886
- Couchman's adm'r v. MaupinCourt of Appeals of Kentucky · 1879
- Jones v. LuskCourt of Appeals of Kentucky · 1859
- Poppleton v. JonesOregon Supreme Court · 1902
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