In re Mills
District Court, D. Indiana
In ‘Bankruptcy. Tills is a proceeding for the review of the decision of Clay C. Hunt, a referee in bankruptcy, brought by Loeb & Koch, H. & I. Loeb, the Kentucky Jeans Clothing Company, Stearns & Packard, Louis Btix & Co., B. L. Weiler, the Alto Bhirt Company, Isaac Pallor Bous & Co., Hendrickson Leller & Go., Mendel & Co., and Meyer, Wise & Kaichen, creditors of the late co-partnership of H. J. Foutty & Co., of which firm the bankrupt was a member.
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In ‘Bankruptcy. Tills is a proceeding for the review of the decision of Clay C. Hunt, a referee in bankruptcy, brought by Loeb & Koch, H. & I. Loeb, the Kentucky Jeans Clothing Company, Stearns & Packard, Louis Btix & Co., B. L. Weiler, the Alto Bhirt Company, Isaac Pallor Bous & Co., Hendrickson Leller & Go., Mendel & Co., and Meyer, Wise & Kaichen, creditors of the late co-partnership of H. J. Foutty & Co., of which firm the bankrupt was a member. The referee's findings of fact and conclusion of law are as follows: (1) The bankrupt, Elizabeth A. Mills, is indebted to claimants for goods and…
1Opinion of the Court
BAKEB, District Judge.
Tbe above-named creditors allege error in the foregoing conclusion of law. Whether, in any case, a partnership creditor who has proved his claim against the estate of a partner who has been adjudged a bankrupt in his individual capacity, will be permitted to participate in the distribution of the individual estate of the bankrupt, pari passu with his individual creditors, it is not necessary now to determine. The general rule in this kind of cases is thus stated by Chancellor Kent:
“The joint creditors have the primary claim upon the joint fund, in the distribution of the…
2Cases cited4 opinions
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- Weyer v. ThornburghIndiana Supreme Court · 1860
- Warren v. FarmerIndiana Supreme Court · 1885
- Warren v. AbleIndiana Supreme Court · 1883
3Cited by2 opinions
- Euclid Nat. Bank v. Union Trust & Deposit Co.Court of Appeals for the Fourth Circuit · 1906
- In re JanesDistrict Court, W.D. New York · 1904