The New York herald., 1868-03-05
NEW YORK CITY.
TIE COURTS.
UNITED STATES DISTRICT couar-M BANKRUPTCY

Important Question on CopartnershIps-Pewer
tn Amend Petitions.
Before Judge Biatchford.
In the mater Of William H. Latle-This came be-
fore Register Dwight, who certified The following quss
ton to Judge Batchford for his decision:--
On the 10th Of December 1887, William H. Little, Of
Elizabeth, N J carrying business ~ "a Church street,
New YORK city, filed his petition for adjudication bank
rupcy aud discharge from his debts in this court He
duly adiudaed bankrupt and tho 9th OF Febru-
ary 1865 At the first meeting Of creditors assignee
wa. che sn by shs creditors, and subsequently, the
register executed the usual deed OF assignment 70 the
assignee The petition OF tho bankrupt made no aiiu-
SION 10 copatnsrshp or to rnership debts but in
the schedule attached thereto appeared that debts
had been contracted jointly wiki Charles II. Dana,
Ia the nrm name OF Little & Dana and that there
credits due 70 said firm Of Little Dana. On the 25th
Of February bankrupt ned anoher petition with the
register praying that his petition Of the 10Th OF De-
cemoer, 1861, should be amoudsd. He stated that be
had tied 10 insert IN that petition the name Of Charles
Il. Dana, his partner; and he now prayed that the
petition might be SO amended IN sdcn manner would
ALLOW his partner 10 b joined with HIM In the final
order Of discharge which may be granted by the
court sdjudging him scharged from tho debts aud
liabilities OF The firm Of Lutte & Dana On this petition
the attorneys for the ban moved tina. the register
grant an order IN accordance with the quest OF tne
bankrupt The register denied The motion, ami at the
reqlesL OF tho bankrupts attorney the question was
certified TO the Judge tor MIA decision ~ % whether
the register erred Inc register holds that the prayer
the petition cannot be granted He says that au-
sion to . partner or copartAership made in The
original petition. Section tnirlysx OF the law and
rule eighteen OF the supreme Court the manner
do not tadds the register ses how, at this stage OF
the proceedings and IN this manner, Charles H. Dana
be irciuded In the matter Of William IL Little
bankruptcy
Upon the foregoing the Judge holds that the register
erred In den ing the motion OF the bankrupt, which
was that he bc permitted to amend his petition and
and schedules IN such manner as will permit his
partner 10 be Joined with him in Tho proceedings in
gard to The bankruptcy OF the frm. The petitioner
asked to be allowed TO amend tho pap-rs 10 join
Dana in the proceedings with him Dana can be 70
join-d other by joining voluntarily IN the petition OF
Little or By beng brought In on notice, under
General Order No. Is. Wnen he so brought in
he be discharged from his dsbts including the
debts OF the hrm; and until Dana is 50 brought
Little cannot be discharged from the debts Of
sne hrT, because the theory and intent Of snry
Six of the and OF General Orders Nos l6 and 10
that the creditors Of nrm snail be required to
but once bankruptcy forum decide al, questions
In regard TO the bankruptcy Of the firm and regard
their debts agans, the rm and regard TO the admin
istraion in bankruptcy Of the assets 81 the irn Soc.
iOn twenty prov des for the amendment Of schedae
and General oraer No contsrs on the register ths
power Of ordering amendments Of any proceedings.
The was. therefore, proper for the register
70 allow the bankrupt to amend bis petition and
schedules ior the purpose set forth in h application
amend.