References: , [1831] EngR 491, (1831) 2 Russ & My 495, (1831) 39 ER 482
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The creditor of a partnership, in which one of the partners dies, and the surviving partners afterwards become bankrupt, has a right to resort to the assets of the deceased partner for payment, without regard to the state of the account as between such deceased partner and the surviving partners.
This case cites:
- See Also – Devaynes -v- Noble; Baring -v- Noble, Clayton’s Case CA ([1816] 1 Mer 572, [1814-23] All ER Rep 1, [1816] 35 ER 781, Worldii)
A partner in a banking firm died. The surviving partners continued to trade without making any changes. They later fell into bankruptcy. Creditors of the bank at the date of the death still traded with the bank with varying changes in their banking . .