In re Noonan
U.S. Circuit Court for the District of Eastern Wisconsin
[In review of the action of the district court of the United States for the Eastern district of Wisconsin.) In bankruptcy. Josiah A. Noonan and Peter MeNab were partners prior to June 2d, 1870. On that day proceedings were commenced by MeNab in the state court to put an end to the partnership. and for an account. The state court appointed a receiver, who took charge of the assets of the firm.
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[In review of the action of the district court of the United States for the Eastern district of Wisconsin.) In bankruptcy. Josiah A. Noonan and Peter MeNab were partners prior to June 2d, 1870. On that day proceedings were commenced by MeNab in the state court to put an end to the partnership. and for an account. The state court appointed a receiver, who took charge of the assets of the firm. These proceedings were still pending when, on the 29th of October, 1872, Noonan filed a petition in the district court of the United States, claiming the benefit of the bankrupt law [of 1S67 (14 Stat.…
1Opinion of the Court
DRUMMOND,. Circuit Judge.
The only question in the case is whether, after proceedings are commenced in a state court, by one Of the partners, to put an end to the-partnership and for an account, and the property is in the hands of a receiver, it is competent for another member of the firm to file-a petition in bankruptcy for himself and for the firm.
It is insisted on the part of the petitioner in this court, that the partnership has been dissolved, that all the assets are in the hands-of a receiver of the state court, and that the district court had no jurisdiction of the case as against…
2Cited by7 opinions
- Poillon v. . LawrenceNew York Court of Appeals · 1879
- Clarke v. StanwoodMassachusetts Supreme Judicial Court · 1896
- Holmes v. Baker & HamiltonCourt of Appeals for the Ninth Circuit · 1908
- Corey v. PerrySupreme Judicial Court of Maine · 1877
- Perkins v. FisherCourt of Appeals of Kentucky · 1882
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