14 F. 615 | U.S. Circuit Court for the District of Eastern Louisiana | 1882
The facts relating to the exceptions in this case are undisputed. This is a suit to recover upon a demand in favor of the plaintiff against the defendants as constituting the commercial firm of Agar & Lelong, domiciled and doing business in the city of New Orleans, and there incurring the obligation sought to be enforced. The partnership and each of the members have been cited, and have severally pleaded the want of jurisdiction in this court, on the ground that the plaintiff is an alien, and that Lelong, one of the defendants, is also an alien. It is conceded that Agar is a citizen of Louisiana; that the partnership of. Agar & Lelong was a commercial partnership, domiciled and doing business in the city of New Orleans, and composed of the defendants, Agar and Lelong, and that the obligation sued on originated there. It is urged, as legal consequences of these admitted facts, (1) that since the partnership of the defendants is in active existence under the laws of Louisiana, it alone can be sued upon a partnership obligation; (2) that since plaintiff and one of the defendants’ firm are aliens, the court is without jurisdiction as between the plaintiff and defendants’ firm.
I think the first proposition is correctly stated. Under the law of Louisiana a commercial partnership is an entity, capable of being sued, is brought into court as defendant by service of citation upon one of its members, and while the ultimate liability of the partners is in
2. This brings us to the remaining question. In a suit by an alien against a partnership consisting of two partners, one of whom is also an alien, the partnership being domiciled in Louisiana, and the obligation sought to be enforced originating there, does this court have jurisdiction? I think it has. See Marshall v. Baltimore R. R. 16 How. 325, and Inbusch v. Farwell, 1 Black, 566. Indeed, under the provisions of the law of Louisiana a partnership is, so far as this question of jurisdiction is concerned, placed in the category of corporations. Both are creations of a state law, and' domiciled in that state. Both may have members who, by themselves, could not be brought within the jurisdiction of the circuit court. Nevertheless, the supreme court has finally settled the doctrine that state corporations, domiciled within the state by which they are created, are, so far as relates to the enforcement of rights of action by suit, citizens of that state, although some of the corporators would not be within the jurisdiction. Louisville R. R. v. Letson, 2 How. 554; Ry. Co. v. Whitton, 13 Wall. 283. The reasoning which leads to this conclusion, with reference to corporations, leads to the same conclusion with reference to Louisiana commercial partnerships.
A partner’s interest in the partnership property may be attached or levied upon and sold on execution for his individual debt;
Wilson v. Strobach, 59 Ala. 488; James v. Stratton, 32 Ill. 203 ; Newhall v. Buckingham, 14 Ill. 405 ; White v. Jones, 38 Ill. 159; Hershfield v. Claflin, 25 Kan. 106; Marston v. Dewberry, 21 La. Ann. 518; Choppin v. Wilson, 27 La. Ann. 444; People’s Bank v. Shryock, 48 Md. 427; Saunders v. Bartlett, 12 Heisk. 316; Weaver v. Ashcroft, 50 Tex. 428.
5) Place v. Sweetzer, 16 Ohio, 142.
Sitler v. Walker, 1 Freem. Ch. 77; Place v. Sweetzer, 16 Ohio, 142.
New Orleans v. Gauthereaux, 32 La. Ann. 1126.
Dieckmann v. St. Louis, 9 Mo. App. 9.
Merrill v. Rinker, Bald. 528; Jones v. Thompson, 12 Cal. 191; Brewster v. Hammet, 4 Conn. 540; Lyndon v. Gorham, 1 Gall. 367; Knox v. Schepler, 2 Hill, (S. C.) 595; White v. Dougherty, Mart. & Y. 309; Pierce v, Jackson, 6 Mass. 242; Hacker v. Johnson, 66 Me. 21; Williams v. Gage, 49 Miss. 777; Tappan v. Blaisdell, 5 N. H. 190; Menagh v. Whitewell, 52 N. Y. 146; Knox v. Summers, 4 Yeates, 477; McCarty v. Emlen, 2 Yeates, 190.
Marston v. Dewberry, 21 La. Ann. 518; Levy v. Cowan, 27 La. Ann. 556; Bulltinch v. Winchenbach, 3 Allen, 16; Claggett v. Kilbourne, 1 Black, 346; London v. Gorham, 1 Gall. 367; Cook v. Arthur, 11 Ind. 407; People’s Bank v. Schryock, 48 Md. 427; Fisk v. Herrick, 6 Mass. 271; Atwood v. Meredith, 37 Miss. 633; Hacker v. Johnson, 66 Me. 21; Gibson v. Stevens, 7 N. H. 352; Garvin v. Paul, 47 N. H. 158. Contra, Thompson v. Lewis, 34 Me. 167; Fogg v. Lawry, 63 Me. 78.
Place v. Sweetzer, 16 Ohio, 142; Osborn v. McBride, 16 Bank. Reg. 22.
Gordon’s Estate, 11 Phila. 136.
Andrews v. Keith, 34 Ala. 722; Wilson v. Strobach, 59 Ala. 488; Sitler v. Walker, 1 Freem. Ch. 77; Barrett v. McKenzie, 21 Minn. 20; Deal v. Boone, 20 Pa. St. 228; Rheinheimer v. Hemingway, 35 Pa. St. 432; Smith v. Emerson, 43 Pa. St. 456 ; Lathrop v. Wightman, 41 Pa. St. 297. See Atkins v. Saxton, 77 N. Y. 195.
Nixon v. Nash, 12 Ohio St. 647.
(*) Broadnax v. Thomason, 1 La. Ann. 383; Nixon v. Nash, 12 Ohio St. 647; Knight v. Ogden, 2 Tenn. Ch. 473.
Hacker v. Johnson, 66 Me. 21.
Breck v. Blair, 129 Mass. 127,
Aultman v. Fuller, 53 Iowa, 60.
New Orleans v. Gauthereaux, 32 La. Ann. 1126.
McKenna’s Estate, 11 Phila. 84.
g) In re Codding & Russell, 9 Fed. Rep. 849.
Shanks v. Klein, 11 Fed. Rep. 767.
Young v. Dunn, 10 Fed. Rep. 717.
Shanks v. Klein, 11 Fed. Rep. 767.
Johnson v. Rogers, 15 N. B. R. 1.
Moline Wagon Co. v. Rummell, 12 Fed. Rep. 658.