Legal Opinion

Bank of Reidsville v. Burton

Court of Appeals for the Fourth Circuit

Decided April 28, 1919No. 1694PublishedCited by 3 opinions

Petition to Superintend and Revise, in Matter of Raw, Proceedings of the District Court of the United States for the Western District of North Carolina, at Greensboro, in Bankruptcy; James E. Boyd, Judge. In the matter of the Reidsville Fertilizer Company, a partnership, bankrupt; W. F. Burton, trustee. Petition by the Bank of Reidsville and others to revise an order of the District Court.

1Opinion of the Court

ROSE, District Judge.

The bankrupt, the Reidsville Fertilizer Company, was a copartnership, the partners in which were two other firms and one individual, trading in a partnership name. At the time of its bankruptcy it had outstanding promissory notes, signed not only by itself, but by the respective firm names of its partners. No attempt appears to have been made to secure the adjudication either of the member firms or of the individuals who composed them, nor strictly speaking were the estates of any of them administered in bankruptcy. In lieu of so doing the trustee brought suits in the…

2Cases cited4 opinions

  1. Bowen v. ChapmanCourt of Appeals for the Seventh Circuit · 1906
  2. Fourth National Bank v. MeadMassachusetts Supreme Judicial Court · 1914
  3. Waters v. First Nat. Bank of GardnerCourt of Appeals for the Third Circuit · 1913
  4. In re Knowlton & Co.District Court, E.D. Pennsylvania · 1912

3Cited by3 opinions

  1. William J. Rochelle, Jr., Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1975
  2. Patten v. Hill CountyCourt of Appeals of Texas · 1927
  3. Simmons v. SimmonsSupreme Court of Iowa · 1933

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