2 U.S. 277 (____)

2 Dall. 277


Supreme Court of United States.

Attorney(s) appearing for the Case

On the 24th of January 1795, E. Tilghman & Wilcocks, for the defendant.

M`KEAN, Chief Justice.

The question in this cause, is — whether the debt due from Emlen to the late partnership of M`Carty & Cummings, has been secured by the foreign attachment, in favor of M`Carty's separate creditor, or can only be discharged by a payment to the surviving partner?

Two objections are urged against the claim under the attachment: — 1st. That the present action was commenced by the surviving partner, before the attachment...

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