Buffalo Milling Co. v. Lewisburg Dairy Co.

ARCHBALD, District Judge.

It is denied by W. II. Coldren, the respondent, that he ever was a partner in the Eewisburg Dairy Company as charged, on the strength of which, also, he asserts his solvency and demands a jury trial. A partnership in fact, must of course, be shown. In re Beckwith & Co., 12 Am. Bankr. Rep. 453, 130‘Fed. 475. But the evidence on the part of the petitioners, while disputed, is sufficient to establish it, if believed; and if the case was to rest here I should be compelled to find in their favor. But, if the respondent was a partner, it is admittedly decisive of the…