In re Gibson

Citations

• 191 F. 665
• 1911 U.S. Dist. LEXIS 128

Syllabus

<p>1. PARTNEKSHTP (§ 20*)-CREATION OF RELATION — COMMUNITY OF INTEREST IN Business.</p> <p>Under Civ. Code S. D. § 1723, which provides that a partnership is the association of two or more persons for the purpose of carrying on business together and dividing its profits between them, a business conducted in the name of a bankrupt and his brother as partners was not a. partnership business, but the individual business of the bankrupt, where his brother had no capital invested and worked for a salary, and there was no agreement between them that he should share in either profits or losses.</p> <p>[Ed. Note. — For other cases, see Partnership, Dec. Dig. § 20.*</p> <p>For other , definitions, see Words and Phrases, vol. 6, pp. 5191-5202; vol. 8, pp. 7746, 7747.]</p> <p>2. Bankruptcy (§ 149*) — Property Passing to Trustee.</p> <p>On the bankruptcy of a person who was, in fact, the sole owner of a business, although it was conducted in the name of himself and another as partners, the property and assets of símil business passed to his trustee as his individual property without regard to any liability of the ostensible partner to the creditors.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dee. Dig. § 149.*]</p> <p>8. Bankruptcy (§ 303*) — Voidable Preference, — Knowledge of Creditor.</p> <p>Evidence hold to sustain the finding that an assignment of accounts by a bankrupt to a creditor as security within four months prior to the bankruptcy was made when the bankrupt was insolvent and under circumstances which gave the creditor reasonable cause to believe that a preference was intended so as to render the transfer voidable.</p> <p>[Ed. Note. — For other eases, see Bankruptcy, Dec. Dig. § 303.*]</p>