Amsinck v. Bean
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Southern District of New York; the ease being thus: The Bankrupt Act enacts in its thirty-sixth section, that persons trading as partners may be decreed bankrupt, as well as persons trading as individuals; and that when a partnership is decreed bankrupt, all the joint stock and property of the partnership and also all the separate estate of each of the partners shall pass to the assignee, who by the said section is…
Read the full summary
Appeal from the Circuit Court of the United States for the Southern District of New York; the ease being thus: The Bankrupt Act enacts in its thirty-sixth section, that persons trading as partners may be decreed bankrupt, as well as persons trading as individuals; and that when a partnership is decreed bankrupt, all the joint stock and property of the partnership and also all the separate estate of each of the partners shall pass to the assignee, who by the said section is to keep separate accounts of the two estates. Creditors of the firm, and the separate creditors of each partner, may…
1Opinion of the CourtJustice Clifford
Waiving the first two errors assigned, the single question presented for decision is whether the complainant, as the assignee of the estate of an individual partner of a debtor copartnership, can maintain a suit to recover back monej previously paid to a creditor of the copartnership, upon the ground that the money was paid to such creditor in fraud of the other creditors of the firm and in fraud of the provisions of the Bankrupt Act.
Assignees in bankruptcy of the estate of an insolvent co-partnership may, perhaps, maintain such a suit for such a claim, even though the money was paid by an…
2Cases cited1 opinion
- McLean v. JohnsonU.S. Circuit Court for the District of Ohio · 1843
3Cited by32 opinions
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- In re BertenshawCourt of Appeals for the Eighth Circuit · 1907
- Mills v. J. H. Fisher & Co.Court of Appeals for the Sixth Circuit · 1908
- Ludowici Roofing Tile Co. v. Pennsylvania Inst. for Instruction of the BlindCourt of Appeals for the Third Circuit · 1903
- In Re: Norman W. Shearin, Jr. Ann Shearin, Debtors. Stephen L. Beaman, Trustee v. Norman W. Shearin, Jr. Ann ShearinCourt of Appeals for the Fourth Circuit · 2000
27 more not listed; retrieve them via the Exa API.