Bodey v. Cooper

Citations

• 82 Md. 625
• 34 A. 362
• 1896 Md. LEXIS 24

Syllabus

<p>Liability of Estate of Deceased Member of Limited Partnership Association to Creditor for Debt Created after his Death — Lease to Firm Executed by one Partner.</p> <p>A Pennsylvania statute provides that in case a judgment against a limited partnership association shall not be satisfied, then execution may be issued against any member thereof to the extent of his unpaid subscription to the capital of the association. After the death of C., a member of such an association, a judgment was confessed in Pennsylvania in favor of the plaintiff upon a single bill executed by the association also after C.’s death. Held, that C.’s estate is not liable for such judgment to the plaintiff, since neither under the language of the statute, nor by the general law of partnership, is the estate of a deceased member liable for debts of the firm created after his death.</p> <p>Where a lease to a partnership was executed by one partner alone, but another partner authorized the lease and tenancy, the estate of the latter is liable for the rent due by the firm.</p>