Burns & Smucker v. Harris & Allen

67 N.C. 140

Opinion

Reade, J.

The motion of O. L. Harris, assignee in bankruptcy of Harris & Allen, to be made party defendant, is allowed, but we do not adjudicate any conflicting claims between the assignee and the defendants, as the defendants have no notice.

One of two or more partners cannot have a portion of the partnership effects set apart to him, as his personal property exemption, without the consent of the other partner or partners ; because the property is not his. But if the other partner or partners consent, then it may be done. The creditors of the firm cannot object, because they no more have a lien upon the partnership effects for their debts, than creditors of an individual have upon his effects. In our case fhe partners did assent.

It is proper to say, that the counsel for the plaintiffs in this case were misled by a misprint, in the opinion of this Court, when this case was before us heretofore, (66 N. C. R.) “ Sufficient ” is printed for “ ¿^sufficient.”

There is error. Judgment reversed, and judgment here that the property levied on be discharged from the levy, and the money in the hands of the clerk or other person will be paid over to the defendant. And if the money under the order of the Court below has been paid over to the plaintiffs, there will be judgment in favor of the defendant against the plaintiffs for the amount. And if the counsel do not agree, the clerk will ascertain the facts.

Pee Cueiam. Judgment accordingly.