Grotenkemper v. Bryson
Court of Appeals of Kentucky
Case 72 — EQUITY APPEAL FROM GREENUP CIRCUIT COURT. 1. The debt due appellant from the firm of Brown, Bryson & Co. was alike the debt of the testator individually. '2. The remedy against a deceased partner is to treat the claim as the debt of the individual partners. (2 Redfield on Wills, chap. 10, sec. 40; 5 How., 183; Maxey v. Averill’s ex., 2 B. Mon., 107; 19 Ala., 103; 3 Florida, 101; 2 Johns. Chy.
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Case 72 — EQUITY APPEAL FROM GREENUP CIRCUIT COURT. 1. The debt due appellant from the firm of Brown, Bryson & Co. was alike the debt of the testator individually. '2. The remedy against a deceased partner is to treat the claim as the debt of the individual partners. (2 Redfield on Wills, chap. 10, sec. 40; 5 How., 183; Maxey v. Averill’s ex., 2 B. Mon., 107; 19 Ala., 103; 3 Florida, 101; 2 Johns. Chy. Rep., 507; 19 Yermont, 292-300. 3. The testator could release his estate from debts against it. (2 Wash. ,on Real Estate, book 1, chap. 14, p. 445 ; 5 Wall., 119-165; Sugden ■on Powers, 123; 1…
1Opinion of the Court
■ JUDGE HARGIS
delivered the opinion of the court.
The distillery firm of Brown, Bryson •& Co., of which William Bryson, sr., was a member, was indebted at his death, in May, 1869, to the appellant, Grotenkemper, a commission merchant, on an open account, in the sum of ,.$6,328.23.
In an action to settle the affairs and sell the property ' to pay the debts of the firm, its liabilities were ascertained to be $20,553.10, and its assets $15,100.
The commissioner reported with the other claims the appellant’s demand against the firm.
And on the 30th of July, 1872, he assigned it, in writing, through…
2Cited by3 opinions
- Curd v. FieldCourt of Appeals of Kentucky · 1898
- Stevens v. SmithCourt of Appeals of Kentucky · 1907
- Hurst v. DavidsonCourt of Appeals of Kentucky · 1903