McGinty v. Flannagan - 106 U.S. 661 (1882)
U.S. Supreme Court
McGinty v. Flannagan, 106 U.S. 661 (1882)
McGinty v. Flannagan
Decided December 18, 1882
106 U.S. 661
The court below instructed the jury that it was the duty of a surviving member of a firm to convert its property into money, collect debts due to it, and first apply them to the payment of its debts due, and that if he mingled the goods of the firm with his own so that they could not be identified, he rendered his own liable for the firm debts, and that the application of the proceeds of the goods to the payment of his individual debts was a fraud upon the firm creditors. Held that the instruction was erroneous.
The case is stated in the opinion of the Court.