In re Griffith
District Court, D. Delaware
In Bankruptcy. Involuntary petition against William W. Griffith and another, trading as Griffith & Son. On motion to dismiss the petition.
1Opinion of the Court
MORRIS, District Judge.
An involuntary petition in bankruptcy was filed, praying that Griffith and Son, a partnership, but not its members, be adjudged bankrupt. The act of bankruptcy charged is founded upon insolvency. The partnership has moved that the petition be dismissed upon the ground that it is not therein alleged, either that the members of the partnership are insolvent or that the assets of the firm combined with the assets of the members in excess of their individual debts, are insufficient to pay the partnership debts. The motion to dismiss must be sustained, upon the authority of…
2Cases cited4 opinions
- Francis v. McNealSupreme Court of the United States · 1913
- Vaccaro v. Security BankCourt of Appeals for the Sixth Circuit · 1900
- Francis v. McNealCourt of Appeals for the Third Circuit · 1911
- Western Union Telegraph Co. v. Atlanta & W. P. R.Court of Appeals for the Fifth Circuit · 1917