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" ... payment from the surplus of the joint fund after satisfaction of the joint debts. The equity of the rule, on the other hand, equally requires that the joint creditors should only look to the surplus of the separate estates of the partners after payment... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Halaman 124
oleh Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 33

New Jersey. Court of Chancery - 1881 - 748 halaman
...that the joint creditors should only look to the surplus of the separate estates of the partners after payment of the separate debts. It was a principle...private and separate estate of the individual partner." 3 Kent's Com. 64,65. The obvious infirmity of the objection Davis t>. Howell. to the rule is, that...
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Commentaries on American Law, Volume 3

James Kent - 1832 - 536 halaman
...the joint creditors should only look to the surplus of the separate estates of the partners, after payment of the separate debts. It was a principle...the Roman law, and it has been acknowledged in the jurisprudence of Spain, England, and the United States, that partnership debts must be paid out of...
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Commentaries on the Law of Partnership: As a Branch of Commercial and ...

Joseph Story - 1846 - 756 halaman
...the joint creditors should only look to the surplus of the separate estates of the partners, after payment of the separate debts. It was a principle...States, that partnership debts must be paid out of the estate, and there is no solvent partner, joint creditors are permitted to prove against the bankrupt's...
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Reports of Cases Argued and Determined in the Supreme Court and in ..., Volume 3

Hiram Denio - 1859 - 652 halaman
...also a principle, fully recognized and acknowledged in this state, that in cases of bankruptcy the partnership debts must be paid out of the partnership...private and separate estate of the individual partner ; and that partnership creditors have no claim on, and cannot resort to the separate estate of either...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 28

Nathan Howard (Jr.) - 1865 - 630 halaman
...principles and the deductions of reason. " It was a principle of the Roman law," says Chancellor KENT, " and it has been acknowledged in the equity jurisprudence...private and separate estate of the individual partner " (3 Kent's Com. 64, 65, marginal). By the same principles of equity jurisprudence, it is expressly...
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The Central Law Journal, Volume 12

1881 - 638 halaman
...that the -joint creditors should only look to the surplus of the separate estate of the partners after payment of the separate debts. It was a principle of the Roman law, and it has been acknowledged iu the equity jurisprudence of Spain, England and the United States, that partnership debts must be...
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Wood's Collyer on the Law of Partnership: With an Appendix of Forms, Volume 1

John Collyer - 1878 - 892 halaman
...Wilson v. Conine, 2 Johns. (NY) 280. " It is a principle acknowledged in the equity jurisprudence of the United States, that partnership debts must be...partnership estate, and private and separate debts out of tho private and separate estate of the individual partner. If tliepartncr.ship creditors cannot obtain...
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Reports of Cases Decided in the Court of Chancery, the Prerogative ..., Volume 6

John Hoff Stewart - 1881 - 808 halaman
...that the joint creditors should only look to the surplus of the separate estates of the partners after payment of the separate debts. It was a principle...private and separate estate of the individual partner." SKenfs Com. 64,65. The obvious infirmity of the objection Davis r. Howell. to the rule is, that it...
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The American Reports: Containing All Decisions of General ..., Volume 35

Isaac Grant Thompson - 1881 - 896 halaman
...separate estates of the partners after payment of the separate debts It was a principle of the Homau law, and it has been acknowledged in the equity jurisprudence...private and separate estate of the individual partner.' 8 Kent Com. 64, 65. The obvious infirmity of the objection to the rule is that it leaves out of consideration...
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Albany Law Journal, Volume 23

1881 - 556 halaman
...that the joint creditors should only look to the surplus of the separate estates of the partners after payment of the separate debts. It was a principle of the Roman law, aud it has been acknowledged in the equity jurisprudence of Spain, England and the United States, that...
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