In re Samuels & Lesser

Citations

• 207 F. 195
• 1913 U.S. Dist. LEXIS 1307

Syllabus

<p>1. Bankruptcy (§ 69*)—Partnership—Undisclosed Partner—Adjudication—Insolvency—Administration oe Assets.</p> <p>Since under Bankr. Act July 1, 1898, c. 541, 30 Stat. 544 (U. S. Comp. St. 1901, p. 3419), a partnership is treated as in entity, which may be adjudged a bankrupt-if it has committed an act of bankruptcy, irrespective of any adjudication of the individual partners, and the adjudication of the firm will subject the separate estates of the partners, as well as the firm property, to administration in bankruptcy, where a firm has become a bankrupt, the individual assets of an undisclosed partner were subject to administration in the bankruptcy proceeding, without reference to whether he was insolvent or not.</p> <p>[Ed. Note.—Eor other cases, see Bankruptcy, Cent. Dig. §§ 51-53, 56; Dec. Dig. § 69.*]</p> <p>2. Bankruptcy (§ 93*)—Undisclosed Partners—Relation to Firm—Jury Trial.</p> <p>On an application for administration of the personal assets of an alleged undisclosed partner of a bankrupt firm, he was not entitled to a jury trial of the issue whether he was in fact a partner.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 140; Dec. Dig. § 93.*]</p> <p>3. Bankruptcy (§ 69*)—Partnership—Individual Assets op Partner.</p> <p>The only remedy of a partner of a bankrupt firm to prevent administration of his personal-estate In bankruptcy proceedings against the firm is to pay off the firm creditors.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 51-53, 56; Dec. Dig. § 69.*]</p>