Bell v. Newman
Supreme Court of Pennsylvania
Case Stated. JOHN WADDING TON was the surviving partner of Thomas Cookson, a merchant residing- in England. Wad•dington lived in Philadelphia, and at the time of his death was indebted to sundry persons on his partnership account, ■and to William Bell on his private account. The defendant had in his hands to be administered, some private property of John Waddington, and also some of the partnership property of Cookson Waddington, but not enough to pay the partnership debts.
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Case Stated. JOHN WADDING TON was the surviving partner of Thomas Cookson, a merchant residing- in England. Wad•dington lived in Philadelphia, and at the time of his death was indebted to sundry persons on his partnership account, ■and to William Bell on his private account. The defendant had in his hands to be administered, some private property of John Waddington, and also some of the partnership property of Cookson Waddington, but not enough to pay the partnership debts. The question submitted to the Court was, whether the separate property should be applied in the first instance to the…
1Opinion of the Court
Tilghman C. J.
By our act of assembly, (19th April, 1794,) all creditors of an equal nature, are entitled to an equal share of the intestate’s estate, in case of a deficiency of assets. If then the joint creditors are to be excluded from an equal share of John Waddington’s separate estate, it must be, either because the partnership debts are not considered in law, as being due from John Waddington, or because from the nature of partnerships, an equity arises to the separate creditors, to be first paid from the separate estate. I will consider the case under each of these aspects. As to the…
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