Abendroth v. Van Dolsen

Citations

• 131 U.S. 66
• 9 S. Ct. 619
• 33 L. Ed. 57
• 1889 U.S. LEXIS 1804

Syllabus

<p>The connection of the plaintiff in error with the partnership of Griffith & Wunclram was not a matter in issue in the proceedings in bankruptcy against that firm.</p> <p>An adjudication of the bankruptcy of a firm, and of the members in whose name the firm was doing business, in a bankrupt proceeding affecting them alone, to which a special partner was not a party, does not estop' a copartnership creditor from setting up the liability of such special partner, imposed upon him by the statute, for non-compliance with its provisions.</p> <p>A special partner in a partnership, who is not a party to . proceedings in bankruptcy against the partnership and the general members of it, is not entitled to the stay of proceedings provided for in Rev. Stat. § 5118, until the question of the debtor’s discharge shall have been determined.</p> <p>A discharge of two general partners in bankruptcy cannot be set up in favor of a special partner in an action against the three as general, partners on the ground that the special partner has made himself liable as a general partner.</p>