In re Wilcox
District Court, D. Massachusetts
In Bankruptcy. On review of ruling of referee The certificate of the referee (Henry J. Field, referee in bankruptcy for Franklin county, Mass.) was as follows: “The bankrupt, three or four years ago, was a member of a partnership at Lincoln, Nebraska.
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In Bankruptcy. On review of ruling of referee The certificate of the referee (Henry J. Field, referee in bankruptcy for Franklin county, Mass.) was as follows: “The bankrupt, three or four years ago, was a member of a partnership at Lincoln, Nebraska. Tbe other member of the firm left, with all the funds; and she set herself about to pay up the partnership debts, in which she succeeded so far as to pay all of them except the one in question, amouniiug to SU.OOO, besides accrued interest, which was presented Cor proof against her individual estate in bankruptcy, and allowed. Upon the question…
1Opinion of the Court
LOWELL, District Judge.
The proper distribution of the joint estate of a bankrupt firm and of the separate estate of its component bankrupt partners has been the subject of much discussion in tiie courts of England and of this country for nearly 200 years, and the conclusions readied by the several courts, and by the same court at various limes, have differed greatly. As was observed by Judge Ware in Re Marwick, 2 Ware, 229, 233, Fed. Cas. No. 9,181:
‘•The whole subject of marshaling the assets and claims between the joint and separate creditors in bankruptcy involves some of the finest…
2Cases cited38 opinions
- Tucker v. OxleySupreme Court of the United States · 1809
- Wilder v. KeelerNew York Court of Chancery · 1831
- Murray v. MurrayNew York Court of Chancery · 1821
- Murrill v. NeillSupreme Court of the United States · 1850
- Young v. ClappIllinois Supreme Court · 1892
33 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- Mills v. J. H. Fisher & Co.Court of Appeals for the Sixth Circuit · 1908
- In re ForbesDistrict Court, D. Massachusetts · 1904
- In re GilletteDistrict Court, W.D. New York · 1900
- Strause v. HooperDistrict Court, E.D. North Carolina · 1901
22 more not listed; retrieve them via the Exa API.