Legal Opinion
In re Janes
District Court, W.D. New York
Decided March 7, 1904No. 1,313PublishedCited by 2 opinions
In Bankruptcy. On question certified by referee.
1Opinion of the Court
FIAZF,R, District judge.
The question certified for review by Referee Hotchkiss is as follows:
“■Whether, in a partnership bankruptcy, where it appears that there is no solvent living partner, and no assets in (lie partnership estate, the creditors of such partnership estate shall share with the creditors of the individual par (tiers in the estates of such individual partners?”
The opposing creditors contend that the provisions of section 5 of the bankrupt act (Act July 1, 1898, c. 541, 30 Stat. 547, 548 [U. S. Comp. St. 1901, p. 3424]), must be strictly construed, and that individual creditors…
2Cases cited5 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
- In re MillsDistrict Court, D. Indiana · 1899
3Cited by2 opinions
- Euclid Nat. Bank v. Union Trust & Deposit Co.Court of Appeals for the Fourth Circuit · 1906
- In re HullDistrict Court, N.D. Ohio · 1915