Knox v. Summers

Decided March 15, 1808

Supreme Court of Pennsylvania · decided 1808-03-15

Case stated for the opinion of the court. A fieri facias issued in this action, returnable to September term 1805, which on the 10th June 1805, was levied on personal property as per inventory. The debt was 430I., with interest from 28th January 1805.

Cited by 2 later decisions (1 by the Supreme Court) — most recently December 1882

Good law ✅— No negative treatment on recordhow we know

Decided 1808-03-15

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Per Cur.

¶1The assignees of Horner and Summers are entitled to the money on two grounds.

¶21st. The separate creditor is entitled to no more than the interest of Summers, subject to an account between him and the partnership, and of course to the joint debts. 4 Ves. jr. 397, in exchequer.

¶3*2d. Leaving the goods levied on in the possession of the debtor, has here given him and his partner a false L ° credit; and has thereby injured strangers, which has never been permitted in any of the cases we have determined.