Legal Opinion

Francis v. McNeal

Supreme Court of the United States

Decided May 26, 1913No. 290PublishedCited by 127 opinions

ON WRIT OP CERTIORARI TO THE UNITED STATES CIRCUIT COURT OP APPEALS FOR THE THIRD CIRCUIT. The facts, which involve the construction of the Bankruptcy Act of 1898 in regard to the administration by the trustee of a bankrupt copartnership of the individual estates of the partners, are stated in the opinion. The trustee of a partnership which has been declared a bankrupt cannot administer the individual estate of a partner who has not himself been adjudged bankrupt.

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ON WRIT OP CERTIORARI TO THE UNITED STATES CIRCUIT COURT OP APPEALS FOR THE THIRD CIRCUIT. The facts, which involve the construction of the Bankruptcy Act of 1898 in regard to the administration by the trustee of a bankrupt copartnership of the individual estates of the partners, are stated in the opinion. The trustee of a partnership which has been declared a bankrupt cannot administer the individual estate of a partner who has not himself been adjudged bankrupt. A'partnership for the purpose-of adjudication and administration in bankruptcy under the act of July 1, 1898, is an entity…

1Opinion of the CourtJustice Holmes

This is a proceeding to review an order of the Bankruptcy Court to the effect that the separate estate of Stanley Francis should be turned over for administration to the respondent, McNeal, trustee in bankruptcy of a firm of which Francis was a member. The order was made on the petition of the trustee, and was affirmed upon a petition for revision by the Circuit Court of Appeals. 186 Fed. Rep. 481. 108 C. C. A. 459.

The facts are short. Creditors filed a petition against Latimer, Francis and Marrin, alleging that they were partners trading as the Provident Investment Bureau, and that they were…

2Cases cited1 opinion

  1. Francis v. McNealCourt of Appeals for the Third Circuit · 1911

3Cited by127 opinions

  1. Williams v. McGowanCourt of Appeals for the Second Circuit · 1945
  2. Liberty Nat. Bank of Roanoke v. BearSupreme Court of the United States · 1924
  3. Liberty Nat. Bank of Roanoke, Va. v. BearSupreme Court of the United States · 1928
  4. Myers v. International Trust Co.Supreme Court of the United States · 1927
  5. Meek v. Centre County Banking Co. Dale v. Same. Breeze v. SameSupreme Court of the United States · 1925

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