Roger Williams National Bank v. Hall

The question in this case is whether the holder of a partnership note made payable to one partner and indorsed by him to the holder can prove it in insolvency against the estates both of the firm and of the indorsing partner before any dividend is declared on either. The statute is silent. Intimations in favor of the right of double proof are to be found in Borden v. Cuyler, 10 Cush. 476, 477, and in Mead v. National Bank of Fayetteville, 6 Blatchf. C. C. 180, and in the decisions in In re Farnum, 6 Law Rep. 21 (by Judge Sprague), and Ex parte Nason, 70 Maine, 363. The United States Bankrupt…