In re C. F. Beckwith & Co.

Citations

• 130 F. 475
• 1904 U.S. Dist. LEXIS 265

Syllabus

<p>1. Bankruptcy — Involuntary Proceedings — Partnership.</p> <p>To sustain proceedings in involuntary bankruptcy against a person as a partner in a firm, a partnership in fact must be shown, and not a mere holding out by which he may have become liable to creditors.</p> <p>2. Partnership — Evidence to Establish.</p> <p>The existence of a partnership may be deduced from facts and circumstances, and where two or more persons are engaged in a joint business enterprise, to which they contribute either capital, skill, or labor upon an understanding, tacit or otherwise, that they will share in common the-profits accruing therefrom, they are partners in fact and in law, both between themselves and as to creditors, although there is nó express agreement to that effect. '</p> <p>3. Same.</p> <p>Evidence considered, and held to show such relation on the part of a defendant in proceedings in involuntary bankruptcy to the business conducted in the name of his codefendant during a series of years as to-establish a partnership between them in such business.</p>