Ex parte Whiting
District Court, D. Massachusetts
In bankruptcy. Petition to prove against the joint estate and. the separate estate of one of the partners such debt as should remain after applying the proceeds of certain collateral security.
1Opinion of the Court
LOWELL, District Judge.
The facts, as I understand them, are, that in 1874 the firm of Dow, Hunt, & Co., the bankrupts, of which firm A. C. Cushing was a partner, borrowed $3,000 of a savings-bank, for which they, as a firm, and Cushing and the petitioner, Whiting. individually, gave their joint and several promissory note. This note the petitioner paid to the bank in full, after the failure of Dow, Hunt, & Co., but before their bankruptcy. The parties differ in their mode of looking at this note. The petition represents it as signed by Dow, Hunt, & Co., and Cush-ing, as principals, and_ by…
2Cases cited3 opinions
- Myers v. . DavisNew York Court of Appeals · 1860
- Morrow's Assignees v. BrightSupreme Court of Missouri · 1855
- Medomak Bank v. CurtisSupreme Judicial Court of Maine · 1844
3Cited by3 opinions
- In re MertensCourt of Appeals for the Second Circuit · 1906
- Brown v. New Bedford Institution for SavingsMassachusetts Supreme Judicial Court · 1884
- In re Charles B.District Court, W.D. Pennsylvania · 1882