In re Bertenshaw
Court of Appeals for the Eighth Circuit
On Petition for Review. On November 13, 1905, the court below 'found that B. F. Masterman, C. C. Surber, and Charles Joyce, doing business as the Opera House Drug Company, made an assignment for the benefit of their creditors, and upon that ground alone “adjudged that said B. F. Masterman, C. O. Surber, and Charles Joyce, partners doing business as the Opera House Drug Company, be adjudged bankrupts,” and added: “It is further ordered that this adjudication binds only the…
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On Petition for Review. On November 13, 1905, the court below 'found that B. F. Masterman, C. C. Surber, and Charles Joyce, doing business as the Opera House Drug Company, made an assignment for the benefit of their creditors, and upon that ground alone “adjudged that said B. F. Masterman, C. O. Surber, and Charles Joyce, partners doing business as the Opera House Drug Company, be adjudged bankrupts,” and added: “It is further ordered that this adjudication binds only the partnership entity and not the partners as individuals.” None of the partners was found to be insolvent or adjudged to be…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). Tin-adjudication in bankruptcy in this case is a distinct judgment that the partnership is a bankrupt, and that none of the partners is a bankrupt. This decision has not been challenged by appeal, those issues are now res ad judicata, and the only question here is, may the bankruptcy court in the administration of the estate of a bankrupt draw to itself and apply to the payment of partnership creditors individual property of solvent partners, none of whom has been adjudged a bankrupt?
There are two conceptions of a partnership, one springing from the…
2Cases cited30 opinions
- West Co. v. LeaSupreme Court of the United States · 1899
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- Vaccaro v. Security BankCourt of Appeals for the Sixth Circuit · 1900
- Amsinck v. BeanSupreme Court of the United States · 1875
- Dickas v. BarnesCourt of Appeals for the Sixth Circuit · 1905
25 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Liberty Nat. Bank of Roanoke, Va. v. BearSupreme Court of the United States · 1928
- Myers v. International Trust Co.Supreme Court of the United States · 1927
- Horner v. HamnerCourt of Appeals for the Fourth Circuit · 1918
- In re SamuelsCourt of Appeals for the Second Circuit · 1914
- Fidelity Trust Co. v. GaskellCourt of Appeals for the Eighth Circuit · 1912
27 more not listed; retrieve them via the Exa API.