In re Fahey

HUTCHESON, District Judge.

In view of the fact that McCarthy & Co. failed with tremendous liabilities, and that a finding that Fahey was a partner in that concern would make him a bankrupt, I have been greatly concerned to avoid an erroneous disposition of this case.

With that in mind, I have considered with the utmost care the evidence presented, and the briefs submitted by the parties in support of their respective views. Such examination leaves in no doubt that Fahey did constantly hold himself out to numerous persons as a partner of McCarthy & Co., and, if such holding out would be a…