Long v. Majestre
New York Court of Chancery
THE plaintiff stated in his bill a large claim against the estate of William Majestre, deceased, and alleged, that being a merchant at Marseilles, in France, he entered into partnership with the intestate, who was a merchant in New-York, in the year 1807; that the intestate brought no funds into the capital of the house, but carried on trade solely with the funds of the plaintiif, and in his own name, but for the partnership account, but had rendered no account to the…
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THE plaintiff stated in his bill a large claim against the estate of William Majestre, deceased, and alleged, that being a merchant at Marseilles, in France, he entered into partnership with the intestate, who was a merchant in New-York, in the year 1807; that the intestate brought no funds into the capital of the house, but carried on trade solely with the funds of the plaintiif, and in his own name, but for the partnership account, but had rendered no account to the plaintiff; and had, without the consent of the plaintiff, or any dissolution of their copartnership, afterwards, entered into…
1Opinion of the Court
The Chancellor.
It is, no doubt, the general rule of this court, that the creditor filing the bill against the executor, cannot make a debtor of the estate a party, for this would be taking the business out of the hands of the executor, and would lead to confusion in the administration of the estate, as every creditor would then be entitled to such a bill against every debtor. The same cases, however, admit that there are exceptions to the rule, as where the executor is insolvent, or there is collusion between the executor and the debtor, or where there is some other special case not exactly…
2Cited by11 opinions
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Bem v. ShoemakerSouth Dakota Supreme Court · 1898
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Dorsheimer v. RorbackNew Jersey Court of Chancery · 1872
- First Nat. Bank of Montgomery v. ArmstrongUnited States Circuit Court · 1888
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