Legal Opinion

In re Boothroyd

District Court, E.D. Michigan

Decided May 15, 1876PublishedCited by 5 opinions

In bankruptcy. The question in this case arises upon the bankrupts’ claims to exemptions under 'the statute. These claims, as set forth in their schedules, are by said bankrupts [William H. Boothroyd and Frederick G. Gibbs] jointly in Schedule B, ■5, as property claimed to be exempt by state laws: 1st. Materials and stock, etc., proper to enable the petitioners to carry on their profession, trade, occupation and business of stationers and booksellers, to be excepted from…

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In bankruptcy. The question in this case arises upon the bankrupts’ claims to exemptions under 'the statute. These claims, as set forth in their schedules, are by said bankrupts [William H. Boothroyd and Frederick G. Gibbs] jointly in Schedule B, ■5, as property claimed to be exempt by state laws: 1st. Materials and stock, etc., proper to enable the petitioners to carry on their profession, trade, occupation and business of stationers and booksellers, to be excepted from their stock and fixtures in their store •on Woodward avenue, Detroit, five hundred dollars. 2d. By said bankrupt Boothroyd,…

1Opinion of the Court

BROWN, District Judge.

The question whether a member of a partnership, dissolved by bankruptcy, may have an exemption from the stock in trade of the firm, has been discussed in many states and in several of the district courts, under the bankrupt law, and the opinions seem to be in direct conflict. The technical argument of the register in this case, that the firm is dissolved by the bankruptcy, and that it is not a “person” within the meaning of the exemption laws, because it has ceased as an entity, and that no member of the firm is entitled to an exemption, because he has no individual…

2Cases cited4 opinions

  1. O'Donnell v. SegarMichigan Supreme Court · 1872
  2. Grimes v. BryneSupreme Court of Minnesota · 1858
  3. Randall v. BuffingtonCalifornia Supreme Court · 1858
  4. Brackett v. WatkinsNew York Supreme Court · 1839

3Cited by5 opinions

  1. Huenergardt v. John S. Brittain Dry Goods Co.Court of Appeals for the Eighth Circuit · 1902
  2. In re LentzDistrict Court, D. South Dakota · 1899
  3. In re BeauchampDistrict Court, D. Maryland · 1900
  4. In re WilsonCourt of Appeals for the Ninth Circuit · 1903
  5. In re WoodDistrict Court, E.D. Wisconsin · 1906

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