Mason v. Mitchell

DENMAN, Circuit Judge.

This is an appeal from an order of the district court dismissing a petition for an adjudication in bankruptcy of an alleged partnership. Appellant, Elsa Mason, filed such a petition under § 5 of the Bankruptcy Act, 11 U.S.C.A. § 23, seeking a voluntary adjudication of an alleged partnership between herself and Thomas Mitchell. Mitchell answered denying the existence of the partnership and asserting his own solvency. The latter fact was stipulated between the parties and the district court, without deciding the issue of the existence of the partnership, affirmed the order…