Nutting v. Ashcroft
Massachusetts Supreme Judicial Court
Tort by the assignee in insolvency of Thomas Roberts, for the conversion of some hides; sought to be maintained, at the trial in the superior court, before Reed, J., on the ground that the proceedings in insolvency included a limited partnership, composed of Roberts and the defendant, existing at the time of the commencement of those proceedings, and in which Roberts was the general partner.
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Tort by the assignee in insolvency of Thomas Roberts, for the conversion of some hides; sought to be maintained, at the trial in the superior court, before Reed, J., on the ground that the proceedings in insolvency included a limited partnership, composed of Roberts and the defendant, existing at the time of the commencement of those proceedings, and in which Roberts was the general partner. But the judge ruled “ that the firm of Thomas Roberts was not put into insolvency by the proceedings aforesaid; that by the assignment the property of the firm did not pass as against this defendant to…
1Opinion of the CourtChapman, C. J.
On the 17th of September 1866, Thomas Roberts filed his petition as an insolvent debtor, and on the 8th of October the plaintiff was appointed his assignee and received from the judge of the court of insolvency an assignment of his property. About a year previous to this time, a limited partnership had been formed between Roberts and the defendant, in which the defendant was the special partner, and the partnership style was “ Thomas Roberts.” It was to continue five years, and was in existence when the proceedings in insolvency were commenced. None of the proceedings in insolvency make…
2Cited by7 opinions
- Ludowici Roofing Tile Co. v. Pennsylvania Inst. for Instruction of the BlindCourt of Appeals for the Third Circuit · 1903
- Hutchins v. PageMassachusetts Supreme Judicial Court · 1910
- In re MercurDistrict Court, E.D. Pennsylvania · 1902
- Jaquith v. FullerMassachusetts Supreme Judicial Court · 1896
- Clarke v. StanwoodMassachusetts Supreme Judicial Court · 1896
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