Kaplan v. Dreveno
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois.' In the matter of the bankruptcy of Benjamin Kaplan, Charles Kap-lan, and Samuel Kaplan, doing business as the Kaplan Savings Bank, bankrupt. From an order adjudging Samuel Kaplan and others bankrupts as partners, on the petition of Meyer Dreveno and others, Samuel Kaplan appeals.
1Per curiam
Appellees filed a petition seeking to have Benjamin, Charles, and Samuel Kaplan adjudged bankrupts as partners. From an order so adjudging them, Samuel Kaplan appeals.
[1] To justify the adjudication there must be evidence from which the court could properly find as a fact that Samuel Kaplan was a partner. It would not be enough that to various creditors he had held himself out as a partner, because, while‘an estoppel might give rights to those who' were misled, in order to give rights to all creditors he must have been in fact a partner.
[2, 3] The contention has been earnestly made that the…
2Cases cited1 opinion
- American Rotary Valve Co. v. MooreheadCourt of Appeals for the Seventh Circuit · 1915
3Cited by5 opinions
- Baker v. Bates-Street Shirt Co.Court of Appeals for the First Circuit · 1925
- In re GanaposkiDistrict Court, M.D. Pennsylvania · 1939
- In re KuntzDistrict Court, M.D. Pennsylvania · 1929
- In re Pauline's Fashion SalonDistrict Court, S.D. California · 1954
- McClyman v. HamiltonCourt of Appeals for the Ninth Circuit · 1950