Opinion · Supreme Court of North Carolina

Jarvis v. . Hyer

15 N.C. 367

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1833-12-05
Topic
general

D anise, Judge. 'After stating the case proceeded :— On an attachment issued for a debt due from a separate .partner, who has absconded, or resides out of the State, the Sheriff can take only the separate property of the absconding or absent debtor ; he cannot seize the partnership effects; for the other partner has a right to retain and dispose of them for the payment of the partner-nei'ship debts, (Matter of Smith, 16 John. Rep. 109.) In the case of Lyndon v Gorham & Green, (1 Gallison, 367,) it was determined, that a debtor to a partnership, cannot be held, or made liable as garnishee, for the several or joint debt of one of the partners. The corporeal property of a partnership, cannot be taken in execution to satisfy the several debts of one partner, unless such partner would have an interest in the property after settlement of all accounts, and then to the extent of that in-' tcrest only. The sheriff, therefore, does not seize the partnership effects themselves ; for the other partner has a right to retain them for the payment of the partnership debts.

Citator

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Cited by
3 opinions