Calvert v. . Miller
Supreme Court of North Carolina
Civil action, heard before Montgomery, Judge, upoo exceptions to the report of a referee, at Pall Term, 1885, of the Superior Court of Iredell county.
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Civil action, heard before Montgomery, Judge, upoo exceptions to the report of a referee, at Pall Term, 1885, of the Superior Court of Iredell county. The plaintiffs, claiming to be creditors of the partnership firm of Calvert & McKee, which, consisting of James L. Calvert and John P. McKee was formed in January, 1876, and terminated in the same month of the next year, by the death of the partner first named, prosecute their suit against the defendants S. A. Sharpe and J. S. Miller, trustees in several deeds, dated respectively in May, August and November, and the said S. A. Sharpe and C. A.…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The record shows that a single ruling in law is brought in controversy, and that is, the right of those debts incurred by the surviving partner, in prosecuting the joint business in order to an advantageous settlement of the partnership affairs, to share with such as were contracted in the life time of both, in the distribution of the partnership assets.
Assuming that the continuance of the business was in good faith, and with reasonable grounds for expecting better results than could be obtained by a prompt sale of the common property, with unfinished work and…
2Cited by3 opinions
- Painter v. PainterCalifornia Supreme Court · 1894
- Barber v. . BuffaloeSupreme Court of North Carolina · 1898
- Barber v. . BuffaloeSupreme Court of North Carolina · 1898