Wilkins v. Davis
District Court, D. Massachusetts
Action of contract bj- [C. W. Wilkins] the assignee in bankruptcy of the estate of C. W. Eaton to recover $3,545.40, alleged to be due from the defendant [G. P. Davis], The parties waived a trial by jury, and submitted the case on the facts, agreed to be thus: The bankrupt and the defendant were associated in a limited copartnership in the clothing business, which was to have terminated Oct. 11, 1875; the bankrupt was the general partner, and carried on the business in his…
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Action of contract bj- [C. W. Wilkins] the assignee in bankruptcy of the estate of C. W. Eaton to recover $3,545.40, alleged to be due from the defendant [G. P. Davis], The parties waived a trial by jury, and submitted the case on the facts, agreed to be thus: The bankrupt and the defendant were associated in a limited copartnership in the clothing business, which was to have terminated Oct. 11, 1875; the bankrupt was the general partner, and carried on the business in his own name; the defendant was the special partner, and contributed the whole capital in cash; during the continuance of the…
1Opinion of the Court
LOWELL, District Judge.
I understand the defendant to admit, that by the law of Massachusetts, as applied to the facts of this case, he is liable for the sums mentioned in the declaration, but to deny that the assignee has any interest in them. It has been announced of late, chiefly in dicta, that all the members of a firm must become bankrupt, in order that the assignees should be able to deal with the joint stock, or that a discharge should be obtained from joint debts. In re Little [Case No. 8,390]; In re Winkens [Id. 17,875]; Hudgins v. Lane [Id. 6,827]. Such, however, is not the law, as I…
2Cases cited2 opinions
- Murray v. MurrayNew York Court of Chancery · 1821
- Willson v. GompartsNew York Supreme Court · 1814
3Cited by9 opinions
- Karrick v. HannamanSupreme Court of the United States · 1897
- In re TelferCourt of Appeals for the Sixth Circuit · 1910
- Clarke v. StanwoodMassachusetts Supreme Judicial Court · 1896
- Hornaday v. CowgillIndiana Court of Appeals · 1913
- New York Institution for the Instruction of the Deaf & Dumb v. CrockettAppellate Division of the Supreme Court of the State of New York · 1907
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