Ohio Supreme Court, 1923

Sprague v. Brown

Sprague v. Brown
Ohio Supreme Court · Decided March 13, 1923 · Allen, Day, Jones, Marshall, Matthias, Wanamaker
1 Ohio Law. Abs. 276

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.