WALLACE v. FITZSIMMONS


1 U.S. 248 (1788)

1 Dall. 248

WALLACE surv. part. vs. FITZSIMMONS sp. bail.

Supreme Court of United States.


Attorney(s) appearing for the Case

Lewis, for the Plaintiff. — Wilson and Rawle, for the Defendant.


SHIPPEN, President.

It may probably be a hardship upon the Defendant, but he has certainly made himself liable to the Plaintiff's demand. A payment to an executor, or administrator, can be no satisfaction to a surviving partner, who has the sole right of suing for, and of receiving the monies, due to the company. The point of law is, therefore, exceedingly clear. Nor can we in this manner attempt to investigate the partnership accounts.

With respect to the...

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