Legal Opinion

Lott v. Young

Court of Appeals for the Ninth Circuit

Decided May 13, 1901No. 649PublishedCited by 6 opinions

Appeal from the District Court of the United States for the District of Montana. In Bankruptcy. Appeals by Fannie J. Lott and Lemuel W. Nixon from a decree adjudicating them bankrupts, as partners in the Silver City Mercantile Company. This case presents many peculiar features, and the transcript contains a mass of evidence that might very well have been omitted, in so far as the issues raised by this appeal are involved.

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Appeal from the District Court of the United States for the District of Montana. In Bankruptcy. Appeals by Fannie J. Lott and Lemuel W. Nixon from a decree adjudicating them bankrupts, as partners in the Silver City Mercantile Company. This case presents many peculiar features, and the transcript contains a mass of evidence that might very well have been omitted, in so far as the issues raised by this appeal are involved. The proceedings are in bankruptcy, and may be briefly summarized as follows: Numerous creditors of Samuel Nixon, proprietor of the Silver City Mercantile Company, in Butte,…

1Opinion of the CourtHawley, District Judge

It will he seen from the foregoing statement of facts that the only question to be determined by this court upon this appeal is whether or not Fannie J. Lott and Lemuel W. Nixon, or either of them, were partners in the Silver City Mercantile Company. This being the only issue, it is necessary at the outset to determine what facts a,re necessary to be proven in order to constitute a co-partnership. Samuel Nixon having made default, and Samuel M. Nixon having been found to he a partner and taking no appeal from such finding, it stands admitted that they were co-partners doing business under the…

2Cases cited1 opinion

  1. Parchen v. AndersonMontana Supreme Court · 1885

3Cited by6 opinions

  1. Baker v. Bates-Street Shirt Co.Court of Appeals for the First Circuit · 1925
  2. In re C. F. Beckwith & Co.District Court, M.D. Pennsylvania · 1904
  3. In re KuntzDistrict Court, M.D. Pennsylvania · 1929
  4. In re Brunson & BunchDistrict Court, S.D. California · 1948
  5. In re PinsonDistrict Court, N.D. Alabama · 1910

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