In re Thomas
District Court, E.D. Wisconsin
In bankruptcy. In April, 1875, George L. Thomas and Byron G. Sivyer, the bankrupts, formed a copartnership for the purpose of carrying on a livery and boarding stable business, under the name and style of Thomas & Siv-yer. The copartnership relation began about the 8th or 9th of April, 1875, although the active conduct of the business did not commence until some days later.
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In bankruptcy. In April, 1875, George L. Thomas and Byron G. Sivyer, the bankrupts, formed a copartnership for the purpose of carrying on a livery and boarding stable business, under the name and style of Thomas & Siv-yer. The copartnership relation began about the 8th or 9th of April, 1875, although the active conduct of the business did not commence until some days later. Previously Sivyer and one White had, as copartners, carried on the same business, and by arrangement, the bankrupts purchased White’s interest, agreeing to pay him therefor a certain sum of money in cash, and to assume and…
1Opinion of the Court
DYER, District Judge.
Two questions- are presented: First, Is the debt- owing to Nasho-tah House a partnership liability, for the payment of which, the creditors may look to the joint estate of the bankrupts? Second, If it is a partnership debt, can it be proved against the joint fund without surrender of the mortgage security? The first question must, in my opinion, be answered in the affirmative. It is true that the note held by the Nashotah House was signed by the bankrupts in their individual names. But this circumstance is not controlling upon the real character of the liability. “The…
2Cases cited3 opinions
- Wilder v. KeelerNew York Court of Chancery · 1831
- Besley v. LawrenceNew York Court of Chancery · 1845
- Kendrick v. TarbellSupreme Court of Vermont · 1855
3Cited by5 opinions
- Anderson v. Stayton State BankOregon Supreme Court · 1916
- Bowen v. ChapmanCourt of Appeals for the Seventh Circuit · 1906
- Mock v. StoddardCourt of Appeals for the Ninth Circuit · 1910
- In re Nashville Laundry Co.District Court, M.D. Tennessee · 1917
- Colwell v. Weybosset National BankSupreme Court of Rhode Island · 1889