In re Kahley
District Court, W.D. Wisconsin
This was an involuntary petition in bankruptcy filed against Joseph Kahley and others, partners doing business in Janesville, Wisconsin. The proceedings were commenced on the 20th of October, 1870, and the customary warrant issued to take possession of the bankrupts’ property. The marshal, on the 21st, seized by virtue of his warrant a stock of goods consisting of toys, candies and cigars, and the fixtures in the store or salesroom used for the business.
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This was an involuntary petition in bankruptcy filed against Joseph Kahley and others, partners doing business in Janesville, Wisconsin. The proceedings were commenced on the 20th of October, 1870, and the customary warrant issued to take possession of the bankrupts’ property. The marshal, on the 21st, seized by virtue of his warrant a stock of goods consisting of toys, candies and cigars, and the fixtures in the store or salesroom used for the business. The bankrupts had been for about a year previous thereto engaged in selling and dealing in that class of goods. In February, 1870, the…
1Opinion of the Court
HOPKINS, District Judge.
A great many questions have been raised and discussed by the respective counsel on the argument. Those that I regard as decisive of the case I will proceed to dispose of. The creditors insist that the mortgage is void as against the partnership creditors, because the notes or the debts which it was in fact given to secure, were individual debts of the respective partners, and not properly a partnership demand.
*72I think the mortgage is good as against the partnership property. Kirby v. Sclioonmaker, 3 Barb. Ch. 46. The rule that prefers partnership property to the payment…
2Cases cited8 opinions
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
- Eastman v. PorterWisconsin Supreme Court · 1861
- Place v. LangworthyWisconsin Supreme Court · 1861
- Single v. PhelpsWisconsin Supreme Court · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Robinson v. ElliottSupreme Court of the United States · 1875
- Wilson v. VoightSupreme Court of Colorado · 1886
- Fisher v. SyfersIndiana Supreme Court · 1887
- Goddard-Peck Grocery Co. v. McCuneSupreme Court of Missouri · 1894
- Elliott v. PontiusIndiana Supreme Court · 1893
10 more not listed; retrieve them via the Exa API.