The National Bankruptcy Register; Containing Reports of the Leading Cases and Principal Rulings in Bankruptcy of the District Judges of the United States Volume 10

The National Bankruptcy Register; Containing Reports of the Leading Cases and Principal Rulings in Bankruptcy of the District Judges of the United States Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...the Bankrupt Act.-Per curviam. Judgment affirmed. I After proceedings have been commenced in a State Court, by one of the members of a copartnership, to put an end to the partnership, and for an account, and the property is in the hands of a receiver, it is competent for another member of the firm to file a petition in bankruptcy, to have himself and the firm adjudged bankrupt. Whenever it is within the province of the Bankrupt Law, to bring the debts of the partnership, or its credits or assets, within the control of the Bankrupt Court, there can be an adjudication of bankruptcy. The mere dissolution of the firm by the joint act of the partners, or by the act of one, does not put an end to the power 0f the Bankrupt Court. In a case like this, where one of the partners files a voluntary petition, it is not necessary to an adjudication that there should be an act of bank Josmu A. NOONAN and Peter McNab were partners prior to June 2d, 1870. On that day proceedings were commenced by McNab, in the State Court, to put an end to the partnership, and for an account. The State Court appointed a rcceiver, who took charge of the assets of the firm. These proceedings were still pending when, on the 29th of October, 1872, Noouan filed a petition in the District Court of the United States, claiming the benefit of the Bankrupt Law for himself, and also alleging that the partnership was insolvent, asking that it be declared bankrupt. McNab refused to join in these proceedings in bankruptcy, and made a notice in the District Court to dismiss the petition, on the ground that the partnership was at an end, and because the assets of the firm were in the hands of the receiver, and the court had no right to adjudicate as to the partnership. The notion was...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236848918
  • 9781236848918