Legal Opinion
Brandt & Brandt Printers, Inc. v. Klein
Court of Appeals for the Second Circuit
Decided February 14, 1955No. 185, Docket 23386PublishedCited by 1 opinion
1Opinion of the Court
FRANK, Circuit Judge.
1. Wo think the evidence amply supports the Referee’s findings and his legal conclusion that a partnership existed.
2. Appellant, however, contends that, if there was a partnership, then the bankruptcy court had no power, without appellant’s consent, to administer the partnership assets. We agree. Section 5, subs, a and i of the Bankruptcy Act, 11 U.S.C.A. § 23, subs, a, i, so far as pertinent, read as follows:
“a. A partnership * * * may be adjudged a bankrupt either separately or jointly with one or more or all of its general partners.
“i. * * * In the event of one or more…
2Cases cited7 opinions
- In re SamuelsCourt of Appeals for the Second Circuit · 1914
- Kaufman-Brown Potato Co. v. LongCourt of Appeals for the Ninth Circuit · 1950
- Benitez v. Bank of Nova ScotiaCourt of Appeals for the First Circuit · 1940
- Marnet Oil & Gas Co. v. StaleyCourt of Appeals for the Fifth Circuit · 1914
- In re HarrisDistrict Court, N.D. Ohio · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Brandt & Brandt Printers, Inc. v. KleinCourt of Appeals for the Second Circuit · 1955