Manson v. Williams

Citations

• 153 F. 525
• 82 C.C.A. 475
• 1907 U.S. App. LEXIS 4427

Syllabus

<p>3. Bankkuptcy — Order on Adjudication — Gonclusiveness on Findings.</p> <p>Where a petition in involuntary bankruptcy alleged that the two defendants owned a stock of goods as partners, and that therefore a partnership existed which it was prayed might be adjudged a bankrupt, and such adjudication was made, it was a conclusive determination of the ownership of the stock of goods as between the parties to the proceeding, hut could not bind the trustees in bankruptcy of one of the alleged partners, who had taken possession of and sold the goods as assets of his individual estate, and who were not permitted to become parties to the partnership proceeding.</p> <p>2. Same — Partnership—Evidence to Establish.</p> <p>The owner of the stock of goods in a store turned the same over to his brother, who personally conducted the business thereafter under a company name, which was publicly used in all transactions relative 'to the business, It was originally the intention to form a corporation to own the business, the most of the stock to be issued in the first instance to the brother who owned the goods, hut such intention was never carried out. Held, that there was a partnership in fact between the brothers in the business, which might be adjudged a bankrupt, and which, was the owner of the property and assets of the business.</p> <p>[Ed. Note. — For cases in point, see Cent'. Dig. vol. 6, Bankruptcy, § 51; vol. 38, Partnership, §§ 1-38.]</p>