Worthley v. Goodbar
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. Goodbar, Love & Co. sued M. B. Woodyard & Co., a firm composed of M. B. Woodyard and James L. Worthley, upon a partnership account, and filed an affidavit alleging that the defendants had removed their property, or a material part thereof, out of the State, not leaving enough to satisfy the claims of their creditors.
Read the full summary
APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. Goodbar, Love & Co. sued M. B. Woodyard & Co., a firm composed of M. B. Woodyard and James L. Worthley, upon a partnership account, and filed an affidavit alleging that the defendants had removed their property, or a material part thereof, out of the State, not leaving enough to satisfy the claims of their creditors. A writ of attachment against the property of the defendants was issued, to which the sheriff made return that he had levied upon certain described property belonging to defendant Worthley. Worthley filed a controverting…
1Per curiam
Each defendant is answerable to the remedy by attachment under the statute for his own act, but not for that of his co-obligor. Mansf. Dig., sec. 309, subdivision 9.
The law confines the remedy to the actual wrong-doer. Acts of one partner, therefore, in the conduct of a partnership business, which warrant the issuance of an attachment .against his property, will not warrant the condemnation of the individual property of a partner who has not participated in such an act, if seized under a writ issued against all the members of the firm.
The rule which holds an innocent partner responsible for…
2Cases cited4 opinions
- Inbusch v. FarwellSupreme Court of the United States · 1862
- Bryant v. SimoneauIllinois Supreme Court · 1869
- Williams v. MuthersbaughSupreme Court of Kansas · 1883
- Hadley v. BryarsSupreme Court of Alabama · 1877
3Cited by2 opinions
- Barry's Town & Suburban, Inc. v. CohenNew Jersey Superior Court Appellate Division · 1989
- Carlisle v. McAlesterCourt Of Appeals Of Indian Territory · 1899