Chadbourne v. Harding
Supreme Judicial Court of Maine
On exceptions from the ruling of the presiding justice on appeal from insolvency' court. Proof of debt by Daniel W. Harding, against the individual estate of Josiah Holbrook, who was a member of the firm of J. & O. D. Holbrook composed of himself and his son Cyrus D. Holbrook, against whom insolvency proceedings were instituted November 2, 1886. The appellant John F. Chadbourne, was a firm creditor, and appealed from the allowance by the court of insolvency of the claim of…
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On exceptions from the ruling of the presiding justice on appeal from insolvency' court. Proof of debt by Daniel W. Harding, against the individual estate of Josiah Holbrook, who was a member of the firm of J. & O. D. Holbrook composed of himself and his son Cyrus D. Holbrook, against whom insolvency proceedings were instituted November 2, 1886. The appellant John F. Chadbourne, was a firm creditor, and appealed from the allowance by the court of insolvency of the claim of Harding against the individual estate of Josiah Holbrook. It was objected that Chadbourne, being only a firm creditor,…
1Opinion of the CourtPeters, C. J.
It appears, as found by the judge at nisi prius, that two debtors are in insolvency as partners and also individually; that the partnership assets are small, but that the private assets of one of the partners are enough to pay all his own liabilities and leave a surplus to be applied on the liabilities of the firm ; that a creditor of the solvent partner denies that his own claim can be contested by another creditor whose claim is against the partnership estate only; and whether the one creditor is or not entitled to resist the other creditor’s alleged claim is one of the questions presented.
W…
2Cases cited1 opinion
- Taylor v. MoranCourt of Appeals of Kentucky · 1862
3Cited by2 opinions
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