Rapple v. Dutton
Court of Appeals for the Ninth Circuit
Petition for Revision of Proceedings of the District Court of the United States for the First Division of the Northern .District of California, in Bankruptcy; Maurice T. Dooling, Judge. In the matter of the bankruptcy of the Lennig Engineering Company. Application by J. W. Rapple against Harry A. Dutton, as trustee, to compel- the trustee to apply partnership assets to the payment of. a firm debt. The application was denied, and the applicant petitions for review.
Read the full summary
Petition for Revision of Proceedings of the District Court of the United States for the First Division of the Northern .District of California, in Bankruptcy; Maurice T. Dooling, Judge. In the matter of the bankruptcy of the Lennig Engineering Company. Application by J. W. Rapple against Harry A. Dutton, as trustee, to compel- the trustee to apply partnership assets to the payment of. a firm debt. The application was denied, and the applicant petitions for review. The petitioner, Rapple, in a petition for revision of a proceeding in bankruptcy, presents for review a ruling of the District…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The petitioner’s contention is based upon the decision in Conroy v. Woods, 13 Cal. 626, 73 Am. Dec. 605, in which the court said:
“This was partnership property, bound for partnership debts when the lirm was in existence, and it continued to be bound for those debts after the sale ■ to tills partner, especially when he Assumed, as a part of the transaction of purchase, the payment of those debts,”
—and it is contended that the decision has become a rule of property rights in California which the bankruptcy court was bound to observe, and the petitioner…
2Cases cited19 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Oates v. National BankSupreme Court of the United States · 1879
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Huiskamp v. Moline Wagon Co.Supreme Court of the United States · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dakota Trust & Savings Bank of Sioux Falls v. HansonCourt of Appeals for the Eighth Circuit · 1925
- In re BrewerDistrict Court, E.D. North Carolina · 1923
- Mandel v. BurtonCourt of Appeals for the Eighth Circuit · 1923
- Titus v. MaxwellCourt of Appeals for the Sixth Circuit · 1922