In re Corbett
District Court, D. Nevada
This is an order obtained by the assignee requiring the bankrupts to show cause why certain personal property should not be ordered to be delivered by them to the as-signee. The contest is in reference to certain articles of furniture which before the bankryptcy belonged to the “Corbett Brothers” as partners, and were used in a hotel kept by them, as hotel furniture.
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This is an order obtained by the assignee requiring the bankrupts to show cause why certain personal property should not be ordered to be delivered by them to the as-signee. The contest is in reference to certain articles of furniture which before the bankryptcy belonged to the “Corbett Brothers” as partners, and were used in a hotel kept by them, as hotel furniture. The bankrupts claim that they each have a right to an exemption of necessary household and kitchen furniture out of the partnership property. This right the assignee denies. Section 5045 of the Revised Statutes excepts from the…
1Opinion of the Court
HILLYER, District Judge.
The one consideration which, it seems to me, must lead to a decision of this case against the claim of exemptions made by the debtors is, that the property which they seek to hold as exempt is not property which, in the sense of the law, belongs to either of them. It is joint property in which neither has any other interest than his share of what remains after the partnership debts are paid, which in case of an insolvent firm is, of course, nothing.
In case of a dissolution, says Story, each partner holds the joint property clothed with a trust to apply it to the…
2Cases cited9 opinions
- Allen v. Center Valley Co.Supreme Court of Connecticut · 1851
- Pond v. KimballMassachusetts Supreme Judicial Court · 1869
- Stewart v. . BrownNew York Court of Appeals · 1867
- Guptil & Hinton v. McFeeSupreme Court of Kansas · 1872
- Burns & Smucker v. Harris & AllenSupreme Court of North Carolina · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re CampDistrict Court, N.D. Georgia · 1899
- In re LentzDistrict Court, D. South Dakota · 1899
- In re BeauchampDistrict Court, D. Maryland · 1900