Ely v. Hair, Nugent & Co.
Court of Appeals of Kentucky
APPEAL PROM LOUISVILLE CHANCERY COURT. The facte of the case are stated in. the opinion of the Court. Rep. The appellees, Hair & Nugent, made an assignment of property to the defendant O’Neal, for the payment of debts due to a part of their creditors —one of whom is preferred over the others — which assignment the appellants seek to set aside as fraudulent, and made with the intent to defraud them and other creditors of the grantors. No depositions were taken.
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APPEAL PROM LOUISVILLE CHANCERY COURT. The facte of the case are stated in. the opinion of the Court. Rep. The appellees, Hair & Nugent, made an assignment of property to the defendant O’Neal, for the payment of debts due to a part of their creditors —one of whom is preferred over the others — which assignment the appellants seek to set aside as fraudulent, and made with the intent to defraud them and other creditors of the grantors. No depositions were taken. To prove the fraud the appellants rely upon upon the face of the deed and facts appearing in the pleadings. The chancellor dismissed…
1Opinion of the Court
Judge SuirsoN
delivered the opinion of the Court.
The deed of trust which was executed by Nugent, one of the members of the firm of Hair and Nugent, was made by him with the assent of the other partner, who subsequently ratified it by a written instrument expressly executed by him for that purpose.— The deed, however, having been executed by one partner, with the knowledge and assent of the other, was valid without such subsequent ratification. The creditors of the firm had no lien on the partnership *238effects, and any lien thereon which they would have derived through one of the partners, if the…
2Cases cited3 opinions
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
- Earing v. LansinghNew York Supreme Court · 1831
- Rahn v. M'ElrathSupreme Court of Pennsylvania · 1837
3Cited by5 opinions
- Blanton v. Kentucky Distilleries & Warehouse Co.U.S. Circuit Court for the District of Kentucky · 1902
- Prather v. McDowellCourt of Appeals of Kentucky · 1871
- Mutual Benefit Life Insurance v. BrownNew Jersey Court of Chancery · 1878
- Farnsworth v. DoomCourt of Appeals of Kentucky · 1901
- Wooldridge v. IrvingUnited States Circuit Court · 1884