In re Burgess
Supreme Judicial Court of Maine
On exceptions. This was a proceeding in insolvency in the estate of Sheridan F. Ireland, adjudged an insolvent, individually and as member The principal fapts are disclosed by the following extracts from the appellant’s petition in the Court of Insolvency : "That in the month of April, 1887, he dissolved partnership with said Ireland, under an agreement then made by which he, the said Ireland assumed and agreed to pay all the debts, &c., of the said partnership; and said…
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On exceptions. This was a proceeding in insolvency in the estate of Sheridan F. Ireland, adjudged an insolvent, individually and as member The principal fapts are disclosed by the following extracts from the appellant’s petition in the Court of Insolvency : "That in the month of April, 1887, he dissolved partnership with said Ireland, under an agreement then made by which he, the said Ireland assumed and agreed to pay all the debts, &c., of the said partnership; and said Ireland then and there received all the assets of said firm; that said Ireland thereafter conducted business on his own…
1Opinion of the Court
Peters, C. «J.
Tlie court is of the opinion that the ruling at the trial of this case was correct.
One partner sells his interest in the partnership property to his co-partner, the latter promising as a part of the transaction to pay the partnership debts. This promise constitutes a direct and personal obligation of the one to the other. If the retiring partner pay a debt which his late associate agreed to hold him harmless of, he immediately has a claim against the latter for money paid. He can at once bring suit upon the claim. We do not feel the force of the argument that the action must be…
2Cases cited2 opinions
- Fay v. GuynonMassachusetts Supreme Judicial Court · 1881
- In re HubbardDistrict Court, D. Massachusetts · 1867