In re Straut

Citations

• 125 Cal. 415
• 58 P. 62
• 1899 Cal. LEXIS 874

Syllabus

<p>Partnership—Insolvency of Member of Firm—Distribution of Assets—Construction of Code.—The provisions of section 39 of the Insolvent Act for proceedings in the case of insolvent partnerships, and the relative distribution of the firm assets, and of the individual assets of the partners, do not apply to a proceeding in insolvency in the case of an individual member of the firm, where the court has no jurisdiction over the assets of the partnership. In such case, the assets of the insolvent may be distributed pro rata to all of the creditors who have proved their claims, including the firm creditors.</p>