by John Marshall Harlan, Emerson v. Senter — Opinion of the Court
“ It is true that, in many cases,-where, for instance, the surviving partner is not exercising due diligence in settling the partnership business, or is acting in bad faith,-the personal representative of the deceased partner may invoke the interference of a court of equity, and compel such a disposition of the partnership effects as will be jest and proper ”
by John Marshall Harlan, Emerson v. Senter — Opinion of the Court
“ He has a standing in court only through the equitable right which his intestate had, as between himself and the surviving partner, to have the joint property applied in good faith for the liquidation of the joint liabilities. ”
by John Marshall Harlan, Emerson v. Senter — Opinion of the Court
“ If the intentional omission by the grantor of certain property from his schedule, and his appropriation of it to his own use, was such a fraud as would vitiate the deed, where the assignee or the preferred creditors have previous notice of such omission, that result cannot happen when they were ignorant of the fraud at the time they accepted the benefit of the conveyance. ”
