Tracy v. Tuffly
Supreme Court of the United States
ERROR TO THE 'CIRCUIT COURT OR .THE UNITED STATES EOR THE EASTERN DISTRICT OE' TEXAS. The case, as stated by the court, was as follows : The principal questions in this case arise under the laws of Texas relating to limited partnerships, and to assignments for the benefit of creditors. Before examining these laiys, the facts out of which this litigation arises will be stated.
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ERROR TO THE 'CIRCUIT COURT OR .THE UNITED STATES EOR THE EASTERN DISTRICT OE' TEXAS. The case, as stated by the court, was as follows : The principal questions in this case arise under the laws of Texas relating to limited partnerships, and to assignments for the benefit of creditors. Before examining these laiys, the facts out of which this litigation arises will be stated. Prior to March 26, 1884, R. W. McLin and ~W. T.' Tuffly were partners doing business at Houston, Texas, under the name of R. W. McLin & Oo. On that day McLin died, his widow and two minor children surviving him. No…
1Opinion of the CourtJustice HablaN
1. We have seen that article 3460 of the Revised Statutes, of Texas declares void, as against the creditors of a limited partnership, every sale, assignment or transfer of any of its property or effects, made when such partnership was insolvent or contemplated insolvency, and with the intent to give a preference of some over others of its creditors. The first proposition of the defendants is that the assignment to the plaintiff of March 23, 1885 —• which was confessedly made- by a partnership unable to meet its debts as they matured, and, therefore, insolvent, Cunningham v. Norton, 125 U. S.…
2Cases cited8 opinions
- United States v. TynenSupreme Court of the United States · 1871
- Cook County National Bank v. United StatesSupreme Court of the United States · 1883
- Coffin v. DouglassTexas Supreme Court · 1884
- Cunningham v. NortonSupreme Court of the United States · 1888
- Donoho v. Fish Bros. & Co.Texas Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
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- Brown & Williamson Tobacco Corp. v. United StatesCourt of Appeals for the Sixth Circuit · 1953
- District of Columbia v. HuttonSupreme Court of the United States · 1892
- Pratt Institute v. . City of New YorkNew York Court of Appeals · 1905
- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
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