Field v. Chapman
New York Supreme Court
Appeals from orders dissolving injunctions. These were two creditor’s actions, the first brought by Alfred Field and others against Isaac L. Hunt, George M. Chapman, and Julia Ann Chapman, against the same defendants.
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Appeals from orders dissolving injunctions. These were two creditor’s actions, the first brought by Alfred Field and others against Isaac L. Hunt, George M. Chapman, and Julia Ann Chapman, against the same defendants. The complaint in each action set forth that the plaintiffs had recovered judgment against Hunt and J. A. Chapman, partners under the firm-name of Isaac L. Hunt & Co., after service of the summons upon Hunt alone; that the judgments were upon demands against the partnership ; that execution had been returned unsatisfied. That on the 10th day of March, 1860, the defendants Hunt…
1Opinion of the CourtLeonard, J.
Each member of a copartnership may require the assets of the firm to be applied to the satisfaction of the partnership debts. Each member may also dispose of his inter*443est in the partnership property in good faith, and for a valid consideration, unless some creditor has acquired a lien thereon. The right of the creditor is subordinate to this power of the partner to make a bona-fide disposition of the property until it is subjected to the creditor’s lien. (3 Kent's Com., 65, and note; Story's Eq. J., §§ 675,1243,1253; Story on Partnerships, §§ 373, 402 ; Gow on Partnerships, 275 ; Exp.…
2Cases cited7 opinions
- Crippen v. . HudsonNew York Court of Appeals · 1855
- Child v. BraceNew York Court of Chancery · 1834
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- People v. . ArnoldNew York Court of Appeals · 1851
- Ketchum v. DurkeeNew York Court of Chancery · 1846
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