In re McEwen
District Court, D. Indiana
The assignees filed a petition in the interest of the firm creditors, for the purpose of obtaining the instruction of the court upon the respective rights of the firm creditors of McEwen & Sons, and the individual creditors of William McEwen, one of the members of such firm alleging: 1st, that the firm assets would not more than pay the costs of settling the estate in bankruptcy; 2nd, that 'William McEwen was indebted to the firm, as appeared by charges upon the books, to an…
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The assignees filed a petition in the interest of the firm creditors, for the purpose of obtaining the instruction of the court upon the respective rights of the firm creditors of McEwen & Sons, and the individual creditors of William McEwen, one of the members of such firm alleging: 1st, that the firm assets would not more than pay the costs of settling the estate in bankruptcy; 2nd, that 'William McEwen was indebted to the firm, as appeared by charges upon the books, to an amount exceeding three hundred thousand dollars; that the firm debts amounted to over $200,000, and 'William’s…
1Opinion of the Court
HOPKINS, District Judge.
The question raised and discussed on the hearing was, whether upon the facts stated, the firm creditors were entitled to participate with the individual creditors in tlie distribution of the separate estate of "William McEwen? In the first place, the assignees claim the right to prove the debt due from "William to the firm, and in that way obtain a fund for distribution among firm creditors.
The petition does not show when the entries were made on the firm books, nor when the debt was created, nor does it show that William withdrew that amount, or any part of it, to…
2Cases cited1 opinion
- In re McEwenU.S. Circuit Court for the District of Indiana · 1880
3Cited by6 opinions
- Harris v. PeabodySupreme Judicial Court of Maine · 1881
- Howell v. TeelNew Jersey Court of Chancery · 1878
- In re WestDistrict Court, S.D. New York · 1889
- In re LloydDistrict Court, W.D. Pennsylvania · 1884
- Wooldridge v. IrvingUnited States Circuit Court · 1884
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