Page:Federal Reporter, 1st Series, Volume 5.djvu/363

 VS BE liAWBENCB. S51 �he was liable as a general co-partner in that firm. In their çoniplaint the bankrupts, plaintiffs therein, described them- selves as "surviving partners of themselves and Henry Law- rence, deceased." . After a verdict in favor of the plaintiffs against aU the defendants, exceptions onbehalfof Edward L. Merrifield were sustained by the gpneral term of the court, and a new trial was granted to hitn. The plaintiffs appealed to the court of appeals, giving stipulation, with sureties, as required by the law of New York. The court of appeals affirmed the order of the general term, and thereupon, in accordance with the law of New York in suoh a case, the defendant Merrifield had judgment absolute against ' the plaintiffs for his costs, amounting to the sum of |947.15, which was duly entered and dockcted in Kings county, ■where these lands are 8itua,ted, on the second day of May, 1878. In the judgment, and in the docket memorandum of it, the judg- ment creditors are described as "James Lawrence, Seabury Lawrence, George W. Lawrence, William Lawrence, and Henry Lawrence, as surviving partners of themselves and of Henry Lawrence, deceased. " Af terwards Merrifield, the judg- ment creditor, sued the sureties on the undertaking given by the bankrupts upon their appeal to the court of appeals, and recovered judgment against them for $543.63, which bas been paid. To this extent Merrifield's judgment for costs bas been paid, but the sureties who have paid this sum for the bankrupts join in this petition, claiming to be subrogated to the rights of Merrifield under his judgment. �On the twenty-ninth day of April, 1878, before Merrifield's judgment was docketed, an instrument was executed, which is now relied on by the assignee in bankruptcy to defeat this application, as being a general assignment by the firm for the benefit of creditors. The parties named in the paper as par- ties thereto are the five bankrupts, "copartners in trade, doing business, etc., under the style, etc., of Henry Lawrence & Sons, parties of the first part, and Ezekiel Y. Bell, etc., party of the second part." It recites the insolvency of the parties of the first part, and purports to assign, transfer, and set over ail the property, ineluding real estate, of the parties of the ����