Church v. Knox
Supreme Court of Connecticut
THE plaintiffs recovered judgment, by foreign attachment, against Joseph Hart, for 1,623 dollars, 79 cents, and brought this scire-facias against Jformand Knox, Boland Lee and Jared Scarborough, averring that they were, at the time the copies were left in service with them, “ attorneys, factors, agents, trustees and joint debtors to said Joseph Hart, and William Hart and John Hart jointly and that the defendants “ had in their hands of the moneys of the said Joseph Hart, and…
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THE plaintiffs recovered judgment, by foreign attachment, against Joseph Hart, for 1,623 dollars, 79 cents, and brought this scire-facias against Jformand Knox, Boland Lee and Jared Scarborough, averring that they were, at the time the copies were left in service with them, “ attorneys, factors, agents, trustees and joint debtors to said Joseph Hart, and William Hart and John Hart jointly and that the defendants “ had in their hands of the moneys of the said Joseph Hart, and were indebted to him in the sum of 1,700 dollars.” The cause was tried at Hartford, February term, 1818, before Baldwin…
1Opinion of the Court
Swift, Ch. J.
The ground taken by the plaintiff, in this ease, is, that the tangible property of tenants in common, and co-partners, can be taken, and sold on execution, for the payment of their individual debts ; that in case of a partnership, each partner is, in law, considered to be an owner, in proportion to the number of the whole ; that the purchaser of such part, becomes tenant in common with the other partners, and is entitled to the possession : of course, on analogous principles, a creditor may, by foreign attachment, take the same proportionable part of a debt due to the…
2Cases cited3 opinions
- Fisk v. HerrickMassachusetts Supreme Judicial Court · 1810
- Moody v. PayneNew York Court of Chancery · 1817
- Bissell v. PostSupreme Court of Connecticut · 1809
3Cited by21 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Sirrine v. BriggsMichigan Supreme Court · 1875
- Winston v. EwingSupreme Court of Alabama · 1840
- Nash v. SmithSupreme Court of Connecticut · 1827
- Hutchinson v. DuboisMichigan Supreme Court · 1881
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