there be debts of them unpaid, it would be more equitable that the separate income of each should be applied to the payment of its separate indebtedness. But, aside from this, the provisions of the will are that the shares and interest of the testator in them should be continued, not generally, but until they could be most advantageously disposed of and settled up. And, although the term “kept up” is used by the testator, it does not seem from the will that it was the intent of the testator that they should be kept up by his general estate, or by taking the profits and dividends arising from either and appropriating them to the payment of the losses and debts of the other. And, unless it was his intent that this should be done, I do not think that the mere fact that there had been some dividends received by the estate of a deceased partner from one or more of these partnerships would entitle a creditor to a judgment against his estate upon an indebtedness contracted by another partnership long after his death. Parsons on Part. 454; Ex parte Garland, 10 Vesey, 109-110. Persons dealing with partnerships are presumed to look to the partnerships themselves, and not to the estates of its deceased members, for the payment of debts contracted after such decease.
I think, therefore, that upon this ground the demurrer cannot be sustained.
The demurrer is therefore overruled.
Hammergen v. Schurmeier and others.
(Circuit Court, D. Minnesota. ———, 1880.)
Motion for judgment for defendant on the pleadings.
Miller, C. J.This motion is founded on the idea that the former adjudication in the state court was on the merits of the case, and, therefore, a bar to the action. The case was,
