Robinson v. Tevis

Citations

• 38 Cal. 611

Syllabus

<p>Attachment op Pabtnbbshh? Pbopebty bob the Debt ob one op the Pabtnebs.—Certain notes, from third person, but for a larger amount, were held by the garhishee, as collateral, to secure a debt due to him by the partnership, at the time of the levy of an attachment by a creditor of one of the partners. After fiie garnishment the garnishee accepted an assignment by the partnership . of the notes held by him as security, in trust for himself and other persons who were creditors of the firm prior to the attachment. The garnishee collected the notes and applied the proceeds to the payment of the creditors in whose favor the trust was created, and in so doing exhausted the whole amount of funds collected on the notes. BeZd, that the creditor of the individual partner obtained no lien by his attachment.</p> <p>Pabtneesbxp Pbopeety subject to Execution and Sale fob the Individual Debt of a Pabtneb. —Partnership property can be seized under an execution against one of the partners, for his individual debt, and sold; but the interest which passes by the sale is only the interest of the debtor partner in the residuum of the partnership property, after the settlement of the partnership debts.</p> <p>Per Crockett, J., dissenting:</p> <p>Liability of a Partnership Debtor under an Attachment Process for Debt of Individual Partner.—To justify a garnishee in the attachment suit for the debt of a partner, in paying any debts, due by him to the partnership, to the creditors of the partnership, after the notice of the garnishment, the burden of proof is on him to show that the partnership debts would exhaust the entire amount of partnership property and assets.</p> <p>Per Sawyer, C. J.:</p> <p>Idem. —To enable the plaintiff in the attachment to recover, the burden is on him to show that there would be a surplus of funds after the payment of all the partnership debts.</p>