In re Gray
District Court, E.D. Pennsylvania
In Bankruptcy. In the matter of bankruptcy proceedings of William J. Gray and others, individually and trading as William Gray & Sons. On referee’s certificate to review an order denying a right of partnership creditors to share in the individual assets of one of the partners.
1Opinion of the Court
J. B. McPHERSON, Circuit Judge.
The question here presented is this :
Where a partnership and the individual partners are all insolvent and all in bankruptcy, and where no partnership assets are available *960for distribution among partnership creditors, have such creditors the right to share pari passu with the separate creditors of one partner in the net proceeds of his separate property?
The point was not raised before the referee, and naturally he did not consider it, but followed the general rule, and did not permit the partnership creditors to share in the fund produced by the separate…
2Cases cited8 opinions
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- In re JanesCourt of Appeals for the Second Circuit · 1904
- Conrader v. CohenCourt of Appeals for the Third Circuit · 1903
- Euclid Nat. Bank v. Union Trust & Deposit Co.Court of Appeals for the Fourth Circuit · 1906
- In re ConraderDistrict Court, W.D. Pennsylvania · 1902
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