In re Altman
District Court, N.D. New York
In Bankruptcy. Julins Altman and Henry Altman filed a petition in bankruptcy, praying that an adjudication in bankruptcy might be made against themselves as individuals, and also against a certain partnership of which they had been members, and which had previously been dissolved. An adjudication was made that the two petitioners, “as co-partners and as individuals, are hereby declared and adjudged bankrupt.”
Read the full summary
In Bankruptcy. Julins Altman and Henry Altman filed a petition in bankruptcy, praying that an adjudication in bankruptcy might be made against themselves as individuals, and also against a certain partnership of which they had been members, and which had previously been dissolved. An adjudication was made that the two petitioners, “as co-partners and as individuals, are hereby declared and adjudged bankrupt.” The other members of the late partnership did not join in the petition, and had no notice of the proceedings, but subsequently a paper was filed, signed by the attorneys of such other…
1Opinion of the Court
COXE, District Judge.
As pointed out by the referee, the practice of the petitioners was irregular, first, in omitting to give the required notice to the members of the co-partnership who did not .join in the petition; and, second, in attempting to cure the defect in the adjudication by a subsequent unverified consent, qualified as to its terms, and signed only by the attorneys for the non joining members. There seems to be no warrant for this practice. The court does not feel called upon to exert its ingenuity to untangle the snarl in which the petitioners’ proceedings are involved,…
2Cited by3 opinions
- In re HirschDistrict Court, S.D. New York · 1899
- In re MorrisonDistrict Court, W.D. Texas · 1904
- In re the City Contracting & Building Co.District Court, D. Hawaii · 1912