Sprague v. Brown

Ohio Supreme Court
Sprague v. Brown, 1 Ohio Law. Abs. 276 (Ohio 1923)
Allen, Day, Jones, Marshall, Matthias, Wanamaker

Sprague v. Brown

Opinion of the Court

ALLEN, J.:

1. Where a partner borrows money on his individual credit from another partner, and later gives a note as evidence of such loan, such borrowing does not create a partnership debt, though the money be applied to partnership purposes.

2. A separate creditor who holds a valid chattel mortgage upon the interest of a partner in a partnership, has a lien upon the surplus due the partner after all • partnership debts are paid, which lien is superior to the claim for an individual debt due from the partner to his co-partner. (Nixon & Chatfield v. Nash & Atkison, 12 Ohio St., 647, distinguished.)

Judgment of .the Court of Appeals, reversed and judgment for plaintiff in. error.

Marshall, C. J., Wanamaker, Jones, Matthias and Day, JJ., concur.

Reference

Full Case Name
Almeda Sprague v. William A. Brown
Status
Published