Legal Opinion

In re Atwater

Court of Appeals for the Second Circuit

Decided May 19, 1920No. 219PublishedCited by 5 opinions

Appeal from the District Court of the United States for the Southern District of New York. In the matter of Morton Atwater, Eliot Atwater; Gilbert F. Foote, and Harold W. Sherrill, individually and as copartners doing business as Atwater, Foote & Sherrill, bankrupts. On petition of Stephen G. Guernsey and others the claim of Edward S. Atwater was expunged, and claimant appeals.

1Opinion of the Court

MANTON, Circuit Judge.

The firm of Atwater, Foote & Sherrill were stockbrokers engaged in business at Poughkeepsie, N. Y. A *279petition in bankruptcy was filed against this firm, and it was duly adjudicated a bankrupt. One of the members of the bankrupt firm was Eliot Atwater, a son of the appellant. The firm was formed under articles of copartnership under date of June 1, 1912, which partnership expired by limitation June 1, 1915. On June 1, 1916, new articles of copartnership were executed, providing for a partnership on a yearly basis from June to June of each year, and thereafter continued…

2Cases cited3 opinions

  1. St. Louis & S. F. Ry. Co. v. DearbornCourt of Appeals for the Fifth Circuit · 1894
  2. Sterling v. . ChapinNew York Court of Appeals · 1906
  3. Holbrook, Cabot & Rollins Corp. v. SperlingCourt of Appeals for the Second Circuit · 1917

3Cited by5 opinions

  1. Houston v. TrowerCourt of Appeals for the Eighth Circuit · 1924
  2. Sparks v. KussWisconsin Supreme Court · 1928
  3. Crane Co. v. James McHugh Sons, Inc.Court of Appeals for the Tenth Circuit · 1939
  4. Irving Trust Co. v. DeutschDistrict Court, S.D. New York · 1932
  5. Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932

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