Legal Opinion

Grotenkemper v. Bryson

Court of Appeals of Kentucky

Decided March 29, 1881PublishedCited by 3 opinions

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

  1. Curd v. FieldCourt of Appeals of Kentucky · 1898
  2. Stevens v. SmithCourt of Appeals of Kentucky · 1907
  3. Hurst v. DavidsonCourt of Appeals of Kentucky · 1903

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