In re Marwick
District Court, D. Maine
This was a case of objection to a proof of a debt. [Albert] Marwick, the bankrupt, iu May, 1837, entered into a co-partnership with one Frederick Davis, and as partners they purchased a quantity of provisions for the Georgia Lumber Company, to the amount of $800, for which they drew their bill on the company in favor of one Bradbury.
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This was a case of objection to a proof of a debt. [Albert] Marwick, the bankrupt, iu May, 1837, entered into a co-partnership with one Frederick Davis, and as partners they purchased a quantity of provisions for the Georgia Lumber Company, to the amount of $800, for which they drew their bill on the company in favor of one Bradbury. Before the bill was paid, the company failed, and the failure of the company produced that of the copartnership of Marwick & Davis, by which the firm was dissolved. They after-wards gave their joint note for the sum remaining due, viz., $740.S8. This note,…
1Opinion of the Court
WARE, District Judge.
Two questions have been raised and argued in the present case. The first is, whether the creditors of a copartnership can, in any case, be admitted to prove their claims against the separate estate of one of the copartners, for the purpose of receiving dividends in concurrence with the separate creditors of the copartner. The second is, whether, admitting that they may in some cases, the partnership creditors can be admitted so to prove under the facts in this case.
The 14th section of the bankrupt act [5 Stat. 448] provides, when two or more persons become bankrupt who…
2Cited by4 opinions
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- In re BaumannDistrict Court, W.D. Tennessee · 1899
- Black's AppealSupreme Court of Pennsylvania · 1863
- Harris v. PeabodySupreme Judicial Court of Maine · 1881