Legal Opinion

In re Bennett

District Court, D. Massachusetts

Decided March 15, 1875PublishedCited by 3 opinions

In bankruptcy. Bankruptcy of partners. Bennett petitioned for adjudication against himself and his late partner, Amos. It appeared in evidence that the firm was dissolved in December, that Bennett received a conveyance of all Amos’s interest in the joint property, and undertook to pay all the joint debts, and that Bennett gave a bond to Amos, with one Haynes as surety, conditioned to pay all said debts and to save Amos harmless therefrom.

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In bankruptcy. Bankruptcy of partners. Bennett petitioned for adjudication against himself and his late partner, Amos. It appeared in evidence that the firm was dissolved in December, that Bennett received a conveyance of all Amos’s interest in the joint property, and undertook to pay all the joint debts, and that Bennett gave a bond to Amos, with one Haynes as surety, conditioned to pay all said debts and to save Amos harmless therefrom. The plaintiff and defendant had kept an eating-house together for about a month, had not agreed in the management of the business, and had separated upon…

1Opinion of the Court

ID WELL, District Judge.

I ruled in Stowers’s Case, [Case No. 13,516,] that a partner would not necessarily be estopped from filing a petition in bankruptcy against the firm, by the fact that, upon a recent dissolution of the partnership, he had undertaken to pay all the joint debts. The point is a nice one, but does not need to be reviewed at present.

In this case, the evidence decidedly preponderates in favor of the proposition that Amos is not insolvent. The definition of insolvency which applies to traders in matters connected with preferences, namely, a present inability to pay the debts…

2Cited by3 opinions

  1. Vaccaro v. Security BankCourt of Appeals for the Sixth Circuit · 1900
  2. In re BlairDistrict Court, S.D. New York · 1900
  3. In re the City Contracting & Building Co.District Court, D. Hawaii · 1913

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