Ex parte Lake
District Court, D. Massachusetts
In September, 1S73, William C. Tebbetts and Charles Haley demised certain chambers on the corner of Summer and Kingston streets, in Boston, to F. J. Bake, Sidney Cushing, Franklin B. Daniels, and J. E. K. Herrick, for the term of five years from Oct. 1, 1S73, by an indenture under seal; and the lessees entered into the usual covenants for payment of rent, &c.
Read the full summary
In September, 1S73, William C. Tebbetts and Charles Haley demised certain chambers on the corner of Summer and Kingston streets, in Boston, to F. J. Bake, Sidney Cushing, Franklin B. Daniels, and J. E. K. Herrick, for the term of five years from Oct. 1, 1S73, by an indenture under seal; and the lessees entered into the usual covenants for payment of rent, &c. The lessees composed the mercantile firm of Lake, Daniels, & Cushing, to whom was soon after added one Bliss, and they had Albert T. Whiting as a special or limited partner. Afterwards J. McKenna bought out Mr. Bliss, and on or about…
1Opinion of the Court
LOWELL, District Judge.
I have no doubt that a former partner, or a joint covenantor with the bankrupts, who is liable for joint debts, and pays them, may prove the amount against the assets of his former partners or of his co-contractors. Ex parte Young, 2 Rose, 40; Ex parte Taylor, Id. 175; Ex parte Carpenter, Mont. & M. 1; Wood v. Dodgson, 2 Maule & S. 195; Aflalo v. Fourdrinier, 6 Bing. 306; Ex parte Ogilby, 3 Ves. & B. 133; Butcher v. Forman, 6 Hill, 583. The decision in Massachusetts, that a retired partner could not prove for debts which he had paid after the beginning of the…
2Cited by5 opinions
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- In re EllsDistrict Court, D. Massachusetts · 1900
- Bowditch v. RaymondMassachusetts Supreme Judicial Court · 1888
- Manhattan Properties, Inc. v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
- In re ShafferDistrict Court, D. Massachusetts · 1903