In re Sauthoff
District Court, W.D. Wisconsin
In bankruptcy. The facts in this case were as follows: Sauthoff and Olson were copart-ners, doing business at Madison, Wisconsin, as dealers in clothing. The copartnership was formed in 1865, and the parties continued in business until January 27, 1876, when Saut-hoff purchased from Olson his interest-in the business, and the firm was dissolved.
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In bankruptcy. The facts in this case were as follows: Sauthoff and Olson were copart-ners, doing business at Madison, Wisconsin, as dealers in clothing. The copartnership was formed in 1865, and the parties continued in business until January 27, 1876, when Saut-hoff purchased from Olson his interest-in the business, and the firm was dissolved. From the testimony it appeared that there was about the same quantity of goods in the store at the time of the dissolution as at the time of bankruptcy. The outstanding accounts due the firm at the time of dissolution, on their face, amounted to about…
1Opinion of the Court
DYER, District Judge.
In a case where a copartnership which is indebted has been dissolved, the retiring partner withdrawing, on transfer of his interests, a portion of the assets or capital, and the transaction being followed at a not remote period by the insolvency of the member assuming the debts and continuing the business, it is the duty of the court, when called to consider the rights and liabilities of the parties, to look cautiously into the facts, .with a view to the discovery of any possible fraud, and the correction of any wrong that may have resulted to creditors.
The principle is…
2Cases cited5 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Dimon v. . HazardNew York Court of Appeals · 1865
- Sage v. ChollarNew York Supreme Court · 1855
- Saloy v. AlbrechtSupreme Court of Louisiana · 1865
3Cited by3 opinions
- In re CampDistrict Court, N.D. Georgia · 1899
- In re TerensDistrict Court, E.D. Wisconsin · 1910
- In re WoodDistrict Court, E.D. Wisconsin · 1906