Crescent Insurance v. Bear

Citations

• 23 Fla. 50

Syllabus

<p>1. A creditor of one member of a partnership cannot garnishee a debtor of the partnership.</p> <p>2. An allegation by the creditor of one partner that the debt due to the partnership was for insurance of certain furniture destroyed by fire and which the partnership used solely for the purpose of conducting a gaming business, and that the partnership existed for no other than gaming purposes, though admitted by the debtor of the partnership, does not create an exception to the above rule or render the firm debtor garnishable in behalf of the creditor of one member of the firm. The other member of the partnership not being before the court, neither his interest nor that of the debtor partner in the partnership assets can be adjudged, nor does the statute provide for malting the former a party and settling the partnership accounts.</p> <p>3. It seems not only that where in ai: illegal venture there have been profits made, an account may he had in equity by one partner against another who has them and is seeking to appropriate them ; but also that where there has been a loss in the venture and an adjustment between the partners and an obligation has been given by the debtor partner to the other that an action may be maintained on such obligation.</p>