Wade v. Brantley & Crawley Const. Co.

FOSTER, Justice.

The bill in this case was filed by simple contract creditors of a partnership composed of Brantley & Crawley to reach and subject funds of that partnership appropriated by the respondent bank to the separate debts of each in about the same amount. It alleges the insolvency of the partnership and of the partners at the time.

One aspect of the equity of the bill is dependent upon a principle stated as followá; “A sale and conveyance of partnership property, the partnership being insolvent or in failing circumstances, in payment of the separate debt of one of the partners, to whom…