In re Janes
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Western District of New York, in Bankruptcy. This cause comes here upon petition to review an order of the District Court, Western District of New Tork, affirming a ruling of the referee to the effect that the creditors of the bankrupt partnership shall share with the creditors of the individual partners in the estates of such individual partners.
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Petition for Revision of Proceedings of the District Court of the United States for the Western District of New York, in Bankruptcy. This cause comes here upon petition to review an order of the District Court, Western District of New Tork, affirming a ruling of the referee to the effect that the creditors of the bankrupt partnership shall share with the creditors of the individual partners in the estates of such individual partners. The relevant provisions of the bankrupt act are (section 5): “(f) The net proceeds of the partnership property shall be appropriated to the payment of the…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). The bankrupts were adjudicated such on February 13, 1904, and a trustee appointed, who proceeded to sell all the assets of the copartnership and individual estates. The individual estate of H. S. Janes produced $15.50, the individual estate of Ezra S. Janes produced $6,-155.06, and the firm assets sold for $10. Whether the last-named sum was ever collected is not clear, but the referee finds that the firm assets are “none.” Both partners are insolvent. Creditors of the partnership and creditors of Ezra S. Janes proved their claims, and it has been held that all…
2Cases cited4 opinions
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- Conrader v. CohenCourt of Appeals for the Third Circuit · 1903
- In re ConraderDistrict Court, W.D. Pennsylvania · 1902
- In re GreenDistrict Court, N.D. Iowa · 1902
3Cited by10 opinions
- Mills v. J. H. Fisher & Co.Court of Appeals for the Sixth Circuit · 1908
- William J. Rochelle, Jr., Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Anderson v. Stayton State BankOregon Supreme Court · 1916
- United States v. KaufmanCourt of Appeals for the Second Circuit · 1924
- Farmers' & Mechanics' Nat. Bank of Philadelphia v. Ridge Avenue BankSupreme Court of the United States · 1916
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