Case v. Beauregard,
101 U.S. 688 (1879)

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U.S. Supreme Court

Case v. Beauregard, 101 U.S. 688 (1879)

Case v. Beauregard

101 U.S. 688


1. A. filed his bill claiming that he, as a creditor of a commercial firm all the members of which were insolvent, had a prior lien or privilege upon the partnership property which had been transferred by them in payment of their individual debts, and seeking to subject that property to the payment of his debt. The bill, on a final hearing upon the pleadings and proofs, was dismissed. A. thereupon commenced a suit for the same cause of action against the same parties alleging, in addition to the matters set forth in his former bill, that he had recovered a judgment at law against the partnership for the debt, and that an execution issued thereon had been returned

nulls bona. Held that the former decree is as res judicata a bar to the suit.

2. Whenever a creditor has a trust in his favor, or a lien upon property for the debt due him, he may go into equity without exhausting his remedy at law.

The facts out of which this case arises are stated in Case v. Beauregard, 99 U. S. 119. The bill in each case is in every essential particular the same, except that here the additional allegation is made that the complainant, as receiver, had brought an action at law and recovered judgment against Beauregard and May, as partners; that Graham, the other partner, was beyond the reach of process; and that an execution upon the judgment was returned nulla bona. The defendants pleaded

Page 101 U. S. 689

the decree in the former suit in bar, and the court, finding that the matter set up in the plea was sustained by the evidence, dismissed the bill. Case appealed.

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