In re Stowers
District Court, D. Massachusetts
This was a petition by J. R. Stowers alleging that he had been a partner with one Johnson, and that the firm had been lately dissolved, but was insolvent, and praying that a joint warrant be issued against their estate. There were allegations tending to impeach the fairness of the dissolution on the part of Johnson.
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This was a petition by J. R. Stowers alleging that he had been a partner with one Johnson, and that the firm had been lately dissolved, but was insolvent, and praying that a joint warrant be issued against their estate. There were allegations tending to impeach the fairness of the dissolution on the part of Johnson. The evidence was that Stowers bought out Johnson and paid him five thousand dollars for his interest in the joint assets, and gave him a bond to pay all the joint debts, and very soon after discovered that he had paid him too much. Stowers then sold out the stock in trade to Cobb…
1Opinion of the Court
LOWELL, District Judge.
The petitioner does not stand in a very enviable position, for, whatever may be the merits of his controversy with his late partner, it is clear that he has committed a technical fraud, at least, by conveying away all his property in order to gain an advantage in settling with his creditors or with his partner. Notwithstanding this, Imust decide the case on the law and evidence as a ease in bankruptcy. After a dissolution of copartnership, either partner may apply to have the firm adjudged bankrupt if they are in fact insolvent. Thompson v. Thompson, 4 Cush. 127. I have…
2Cited by3 opinions
- Holmes v. Baker & HamiltonCourt of Appeals for the Ninth Circuit · 1908
- In re SmithDistrict Court, S.D. New York · 1883
- Pearson v. HigginsCourt of Appeals for the Ninth Circuit · 1931