In re Kinkead
District Court, N.D. Illinois
In bankruptcy. This was an application by Miles Manser, an individual creditor of Joseph D. Kinkead, to be paid a dividend on his claims, amounting to $15,000, out of the assets of the firm of Kinkead & Co. On the 7th of December, 1871, J. V. Harwell & Co., of Chicago, filed their petition in this court, setting forth that they were creditors of Joseph D. Kinkead and A. E. Kinkead, his wife, who were then doing business as co-partners under the firm name of Kinkead & Co., at…
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In bankruptcy. This was an application by Miles Manser, an individual creditor of Joseph D. Kinkead, to be paid a dividend on his claims, amounting to $15,000, out of the assets of the firm of Kinkead & Co. On the 7th of December, 1871, J. V. Harwell & Co., of Chicago, filed their petition in this court, setting forth that they were creditors of Joseph D. Kinkead and A. E. Kinkead, his wife, who were then doing business as co-partners under the firm name of Kinkead & Co., at Pontiac, Livingston county, in this district, and alleging that said firm of Kinkead & Co. had been guilty of certain…
1Opinion of the Court
BLODGETT, District Judge.
It is contended on the part of Mr. Manser that Mrs. Kinkead, being a married woman, could not enter into a contract of copartnership with her husband, and that although the business at Pontiac was transacted in the name of Kinkead & Co., yet, as the pretended partnership was void and inoperative, by reason of the inability of Mrs. Kinkead to make a binding contract, the said J. D. Kinkead was in effect a sole trader, and the assets of the firm were in law the assets of said J. D. Kinkead.
The questions thus raised are important, not only in this case, but in many…
2Cases cited6 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Yale v. . DedererNew York Court of Appeals · 1860
- Martin v. RobsonIllinois Supreme Court · 1872
- Cookson v. TooleIllinois Supreme Court · 1871
- Carpenter v. MitchellIllinois Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hoaglin v. C. M. Henderson &. Co.Supreme Court of Iowa · 1903
- Schlapback v. LongSupreme Court of Alabama · 1890
- Jones v. JonesMississippi Supreme Court · 1911
- Toof v. BrewerMississippi Supreme Court · 1909
- In re BriceDistrict Court, S.D. Iowa · 1899
4 more not listed; retrieve them via the Exa API.