Noah Haynes Swayne

Name: Lewis v. United States — Opinion of the Court
Author: Noah Haynes Swayne

Lewis v. United States — Opinion of the Court

Summary

“Lewis v. United States — Opinion of the Court”, is a work by Noah Haynes Swayne. It explores elements such as the United States, equity and partner.

Quotes from Lewis v. United States — Opinion of the Court (Noah Haynes Swayne)

Noah Haynes Swayne, Lewis v. United States — Opinion of the Court

“ The United States are in no wise bound by the Bankrupt Act. The clause above quoted is in pari materia with the several acts giving priority of payment to the United States, and was doubtless put in to recognize and reaffirm the rights which those statutes give, and to exclude the possibility of a different conclusion. That the claim of the United States was not proved in the bankruptcy proceedings in question is, therefore, quite immaterial in this case. ”

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Source: Wikisource

Noah Haynes Swayne, Lewis v. United States — Opinion of the Court

“ The Bankrupt Law declares that the United States shall be first paid; the fifth section of the statute of 1797 enacts, that, where there is a debt and bankruptcy, they shall have priority of payment. Neither statute contains any qualification, and we can interpolate none. Our duty is to execute the law as we find it; not to make it. It would be a singular equity which would drive the appellees 'beyond sea' to carry through a litigation of uncertain duration, and results against parties there before they can be permitted to proceed against the parties and property here. ”

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Source: Wikisource

Noah Haynes Swayne, Lewis v. United States — Opinion of the Court

“ The United States were under no obligation to pursue the partnership effects of Cooke, McCulloch, & Co. before filing this bill. The bankruptcy of the American partners dissolved the firm of Cooke, McCulloch, & Co., not only as to themselves, but also, inter se, as to the solvent partners. In analogy to the proceeding at law, where there are joint debtors and one is beyond the reach of the process of the court, and equity has jurisdiction, a decree may be taken against the other for the whole amount due. ”

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Source: Wikisource

Noah Haynes Swayne, Lewis v. United States — Opinion of the Court

“ If a judgment at law be recovered against a copartnership, the separate property of each partner is alike liable to execution with the property of the partnership; and equity will not interfere, unless there are cogent special circumstances, such as have no existence here. ”

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Source: Wikisource

Noah Haynes Swayne, Lewis v. United States — Opinion of the Court

“ According to the best-considered adjudications, no burden touching these assets can be made to rest upon the United States, which they are not willing to assume. Doubtless questions will arise involving much delay before the administration of the fund is completed. In the mean time, the United States cannot be barred from enforcing any remedy to which they are entitled. ”

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Source: Wikisource

Noah Haynes Swayne, Lewis v. United States — Opinion of the Court

“ Hill, 5 How. 127, this court held that the creditor of a partnership may proceed at law against the surviving partner, or go in the first instance into equity against the representatives of the deceased partner, and that it was not necessary for him to exhaust his remedy at law against the surviving partner before proceeding in equity against the estate of the deceased. The solvency of the surviving partner is immaterial. ”

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Source: Wikisource

Noah Haynes Swayne, Lewis v. United States — Opinion of the Court

“ This will be nothing, the firm being in bankruptcy and conceded to be hopelessly insolvent. The United States can, therefore, have no interest with respect to the administration of its affairs. Any rights as to the collaterals held by the United States, claimed by others, must be settled outside of the present proceeding. ”

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Source: Wikisource

Noah Haynes Swayne, Lewis v. United States — Opinion of the Court

“ That the facts disclosed in the record bring the case within the plain terms and meaning of the section in question, seems to us, viewing the subject from our stand-point, almost too clear to admit of serious controversy. ”

Noah Haynes Swayne

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