In re L. B. Weisenberger & Co.

Citations

• 131 F. 517
• 1904 U.S. Dist. LEXIS 216

Syllabus

<p>1. Bankruptcy — Partnership—Joint Debts oe Partners.</p> <p>Under Bankr. Act July 1, 1898, e. 541, § 5f, 30 Stat. 548 [U. S. Comp. St., 1901, p. 3424], joint debts of partners composing a bankrupt partnership cannot be proved against the partnership estate, to share on an eguality with firm creditors. ' ■</p> <p>2. Same — Joint Notes oe Partners — Evidence to Show Liability oe Firm.</p> <p>Parol evidence is admissible to show that joint notes signed by the members of a bankrupt partnership are in fact firm debts.</p> <p>3. Same — Evidence Considered.</p> <p>A bank made a loan of money to each of the two members of a partnership, taking in each case a note signed by both partners. The proceeds were passed to the individual accounts of the partners, respectively, and were by them checked to the partnership account and used in the firm business. Held, that the notes did not constitute debts of the firm provable against its estate in bankruptcy; it having received the money from the partners, and not from the bank.</p> <p>4. Same — Evidence—Materiality.</p> <p>The testimony of the cashier of a bank that loans made by the hank on notes signed by members of a bankrupt partnership were made to the firm, and not to the partners, is not admissible to establish such fact, which must he determined from the facts of the transaction, and not from the intention of the witness.</p> <p>¶ 2. See Evidence, vol. 20, Cent. Dig. § 1909.</p>