Davis v. Turner
Court of Appeals for the Fourth Circuit
Appeal from the District Court of the United States for the Eastern District of North Carolina. Thos. O. Jones, E. H. Eaper, W. S. Cartwright, and John IT. Engle were partners under the firm name of Jones, Eaper & Co., doing business as merchants in Elizabeth City, Pasquotank county, in the Eastern District of North Carolina. On the 28th day of.
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Appeal from the District Court of the United States for the Eastern District of North Carolina. Thos. O. Jones, E. H. Eaper, W. S. Cartwright, and John IT. Engle were partners under the firm name of Jones, Eaper & Co., doing business as merchants in Elizabeth City, Pasquotank county, in the Eastern District of North Carolina. On the 28th day of. March, 1902, the said firm filed a voluntary petition in bankruptcy, and were on the same day adjudged bankrupt, within the true intent and meaning of the acts of Congress relating to bankruptcy. Among the debts offered for proof against the estate of…
1Opinion of the CourtBoyd, District Judge
(after stating the facts). There are two questions presented in this case, the first being whether the claim of the petitioner, Mrs. G. M. Davis, is a partnership debt of the firm of Jones, Raper & Co., and provable as such against their estate in bankruptcy; and the second, whether the mortgage given to secure the said debt is valid and constitutes a lien upon the stock of goods of the bankrupt firm on hand at the time of the petition and adjudication. It is true that the obligation on its face imports individual liability on the part of the several persons who signed it, but is this…
2Cases cited13 opinions
- Cheatham v. . HawkinsSupreme Court of North Carolina · 1877
- Hubbell v. WoolfIndiana Supreme Court · 1860
- Davis v. . WhitakerSupreme Court of North Carolina · 1894
- Buckner v. LeeSupreme Court of Georgia · 1850
- Rountree v. . Britt and VinsonSupreme Court of North Carolina · 1886
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3Cited by16 opinions
- Hartford Accident & Indemnity Co. v. CogginCourt of Appeals for the Fourth Circuit · 1935
- In re Stoddard Bros. Lumber Co.District Court, D. Idaho · 1909
- Mock v. StoddardCourt of Appeals for the Ninth Circuit · 1910
- In Re George & John HurtDistrict Court, S.D. California · 1955
- In re L. B. Weisenberger & Co.District Court, E.D. Kentucky · 1904
11 more not listed; retrieve them via the Exa API.