Douglas v. Winslow
Supreme Judicial Court of Maine
This was an action of trespass brought by the plaintiffs as copartners against the defendant, a deputy sheriff, for taking and carrying away a certain quantity of goods belonging to their copartnership.
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This was an action of trespass brought by the plaintiffs as copartners against the defendant, a deputy sheriff, for taking and carrying away a certain quantity of goods belonging to their copartnership. The writ w7as dated Oct. 10, 1837. The defendant first attached the goods in dispute by virtue of a writ in favor of Jenness & March, against Thomas G. Brown, one of the plaintiffs, on July 18th, 1837. , The goods then attached were retained by him, and were attached subsequently on Nov. 8th, 1837, by virtue of a writ in favor of Alfred Willard & Co. against Tho’s G. Brown & John Douglas, as…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
The authorities cited for the plaintiffs very clearly establish the doctrine, that partnership creditors have a priority over tire separate creditors, in relation to the partnership funds. It was recognized in Massachusetts at an early period ; and is the settled law of that State and this. Pierce v. Jackson, 6 Mass. R. 242; Commercial Bank v. Wilkins, 9 Greenl. 28. The interest of each partner is in his portion of the residuum, after all the debts and liabilities of the firm are liquidated and discharged. Equity will not aid the separate creditor,…
2Cases cited1 opinion
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
3Cited by2 opinions
- Cobb v. BenedictSupreme Court of Colorado · 1900
- Osborn v. McBrideDistrict Court, D. California · 1876