In re Sanderlin
District Court, E.D. North Carolina
In Bankruptcy. B. J. Sanderlin was duly adjudged a bankrupt, and a trustee appointed at a meeting of creditors. The trustee filed a petition, alleging — which allegations are admitted — that within four months of bankruptcy proceedings B. J. Sanderlin and John P. McMillan, trading as Sanderlin & McMillan, executed a mortgage on a certain sawmill plant, fixtures, etc., eight miles from McKee’s Cut, Bladen county, to secure a debt of $1,500 due by said firm.
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In Bankruptcy. B. J. Sanderlin was duly adjudged a bankrupt, and a trustee appointed at a meeting of creditors. The trustee filed a petition, alleging — which allegations are admitted — that within four months of bankruptcy proceedings B. J. Sanderlin and John P. McMillan, trading as Sanderlin & McMillan, executed a mortgage on a certain sawmill plant, fixtures, etc., eight miles from McKee’s Cut, Bladen county, to secure a debt of $1,500 due by said firm. On the same day (.September 13, 1900) B. J. Sanderlin also executed a note to McNair & Pearsall for $2,500, and, to secure the same, a…
1Opinion of the CourtPurnell, District Judge
(after stating the facts). The questions presented by the exceptions are not new. Most of them have been settled by decisions. Claimants having submitted their claims, no question of jurisdiction can arise. Bryan v. Bernheimer, 181 U. S. 188, 21 Sup. Ct. 557, 45 L. Ed.-, 5 Am. Bankr. Rep. 623. Firms or partnerships and the individuals composing such firms or partnerships are distinct legal entities, and proceedings in bankruptcy by or against one do not of necessity involve the other. A firm, as such, may be bankrupt, and the individuals composing such firm solvent, and not bankrupt. In re…
2Cases cited7 opinions
- Bryan v. BernheimerSupreme Court of the United States · 1901
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- Tiffany v. LucasSupreme Court of the United States · 1873
- In re BardenDistrict Court, E.D. North Carolina · 1900
- Strause v. HooperDistrict Court, E.D. North Carolina · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- In re BertenshawCourt of Appeals for the Eighth Circuit · 1907
- Ludowici Roofing Tile Co. v. Pennsylvania Inst. for Instruction of the BlindCourt of Appeals for the Third Circuit · 1903
- In re MercurDistrict Court, E.D. Pennsylvania · 1902
- Campbell v. Bolen (In Re Caudy Custom Builders, Inc.)United States Bankruptcy Court, D. South Carolina · 1983
6 more not listed; retrieve them via the Exa API.