Pitkin v. Pitkin
Supreme Court of Connecticut
in ERROR. This was a bill in chancery, brought by Samuel Pitkin against Joseph Pitkin and others, stating the following case. In 1817, and previously, Samuel Pitkin, the plaintiff, Stephen Pitkin and Joseph Pitkin were partners in the business of manufacturing hats, under the firm of Stephen Pitkin <§• Co. On the 7th of August in that year, Stephen Pitkin made and published his last will, and appointed Joseph Pitkin his executor.
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in ERROR. This was a bill in chancery, brought by Samuel Pitkin against Joseph Pitkin and others, stating the following case. In 1817, and previously, Samuel Pitkin, the plaintiff, Stephen Pitkin and Joseph Pitkin were partners in the business of manufacturing hats, under the firm of Stephen Pitkin <§• Co. On the 7th of August in that year, Stephen Pitkin made and published his last will, and appointed Joseph Pitkin his executor. By this will the testator ordered and directed, That all his interest and concern in the hat manufacturing establishment, as then conducted under said firm, viz. the…
1Opinion of the Court
Hosmer, Ch. J.
To the determination below it is made an objection, that the relief requested should have been granted, inasmuch as the general assets of the deceased are liable to the plaintiff. On the other hand, it has been insisted, that the plaintiff has no claim on the general assets, but that his only remedy is against the executor of the deceased.
In respect of the first point for consideration, that is, whether the general assets of the testator are liable to the plaintiff the case has been argued for him on the principle, that although the devisees, strictly speaking, are not partners,…
2Cited by30 opinions
- Hayward v. PlantSupreme Court of Connecticut · 1923
- Burwell v. CawoodSupreme Court of the United States · 1844
- Mason v. PomeroyMassachusetts Supreme Judicial Court · 1890
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Stewart v. . RobinsonNew York Court of Appeals · 1889
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