In Re Ritson, Ritson v Ritson: CA 1899

The joint debts of a partnership are payable out of the joint assets if sufficient even though secured on the separate property of one partner.
Chitty LJ said of a deceased partner that his ‘interest in the joint assets [of the partnership] was only his share of the surplus after payment of the joint debts’
References: [1899] 1 Ch 128
Judges: Chitty LJ, Lindley MR
Jurisdiction: England and Wales
This case cites:

  • Appeal from – In Re Ritson ChD 1898
    . .
    ([1898] 1 Ch 667)

This case is cited by:

  • Cited – Highbury Pension Fund Management Company and Another v Zirfin Investments Ltd and Others ChD 14-Feb-2013
    The court was asked: ‘a) Does the doctrine of marshalling permit the marshalling of securities held over property that does not belong to the common debtor? In particular, is a creditor of a guarantor entitled to marshal (or be subrogated to) . .
    (, [2013] EWHC 238 (Ch), [2013] WLR(D) 71, [2014] 2 WLR 1129, [2014] 1 CH 359, )
  • Cited – McLean and Another v Trustees of The Bankruptcy Estate of Dent and Others ChD 26-Oct-2016
    Marshalling your Dogs Equitably
    Application by the joint administrators of a partnership affording the opportunity to consider the application of the equitable doctrines of marshalling and subrogation in relation to a fixed charge over a dog.
    Held: The equitable principle of . .
    (, [2016] EWHC 2650 (Ch), [2017] Ch 422, [2017] BPIR 164, [2017] 3 WLR 198, [2017] WLR(D) 157, )

These lists may be incomplete.
Last Update: 21 November 2020; Ref: scu.570481