Legal Opinion

In re Buckhause

District Court, D. Massachusetts

Decided July 15, 1874PublishedCited by 3 opinions

[In bankruptcy. Gough, as survivor of the firm of Gough & Flynn, sought to prove a debt against the bankrupt firm of Buck-hause & Gough, of which he was a member, and the proof was allowed.]

1Opinion of the Court

LOWELL, District Judge.

This case was submitted without argument I understand *561that the firm of Buckhause & Gough, the bankrupts, were, at the time of their bankruptcy, indebted to the firm of Gough & Flynn, in a certain sum, for goods sold and delivered; and the question is, whether that sum can be proved as a debt. Gough was a member of both firms, but Flynn was not a member of the bankrupt firm, and he offers this proof as the solvent or remaining partner of his late firm, having the right to wind up its affairs.

It has for a long time been the law of England that proof may be made by one…

2Cases cited1 opinion

  1. Hayes v. BementThe Superior Court of New York City · 1850

3Cited by3 opinions

  1. Crosby v. TimolatSupreme Court of Minnesota · 1892
  2. King Packing Co. v. Reconstruction Finance CorporationEmergency Court of Appeals · 1952
  3. In re Boston & Fairhaven Iron-WorksDistrict Court, D. Massachusetts · 1884

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