The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-03
UNITED STATES DISTRICT cOusr-lS BANKRUPTCY
Important Question as to Partnership Debts
and Liabilities.

Important Question as to Partnership Debts
and Liabilities.
Yesterday Judge BlatchfOrd rendered his decision
Ill the case OF Thompson Greenfield, q bankrupt In
which certain proceedings had been taken before
Register Williams. The Register certified some
points TO the Judge for his DECISION In the progress
OF the inquiry before the Register the following facts
transpired, and they raise an interesting question
with respect to the rights ana obligations or part
ners In bankruptcy prOceedings:-
in the city OF New York, filed MS petition In this
Court 10 be declared bankrupt, on the oath OF
August, 1857. ON the 2sth Of August following he
was duly declared bankrupt and Albert Smith was
elected assignee or the bankruprs estate. The as
signee proceeded to administer the estate. ana
Greenfield has been duly discharged IN Dankruptcy
BY this Court. Prior 10 September 1862 Greenfield
had been partner Of the firm Of Fellows 4 Co.,
Orleans. This firm consisted Of Cornelius
Fellows, Daniel p Logan ana the bankrupt, and
had expired by limitation In september, 1861 the
partners, Fellows and Logan, residing in New Or
leans, Med their petition In the bankruptcy Court
airy, 1868 praying That ali the members OF the firm
Fellows. Logan and Graenfeld-De declared bank.
rupt- They were so declared bankrupt and an as
elected. This assignee took possession Of the
prSpsry Of the rm and under an
situate the sae of relas to one Ss
William Bunner. and afterwards conveyed the same
asks the referee appointed In The proceedings In TINS
Court to join IN the conveyance mentioned.
ings IN bankruptcy, either IN TINS Court or in the
District Court OF louisiana are of any aval to con.
vey the interest Of the members OF the firm OF Eel
lows 20. In the land in question to
any assignee In bankruptcy IN either Court,
and az TO what Is The situation and
not the first jurisdiction to such lands and as to
what ought to be done to assert such Jurisdiction
ana make 1t operative II the lands are valuable.
The Register says-"I am OF opinion that the
PROCEEDINGS In the District Court In Louisiana are
void for want OF jurisdiction, that it is the duty
n capd
by petition alleging as an act OF bankruptcy the
fling oil the petition in the District OF louisiana and
obtain from this Court an order to show cause
why Cornelius Fellows and Daniel p. Logan should
not be declared bankruprs by publication and by
listen TO any argument upon the facts and upon the
law, and Will then dismiss the petition or adjudge
them bankrupts and II they shall be declared bank
rupts the assignee should proceed TO take ana OBJ
tain possession OF all the partnership property or
the firm and administer upon the same IN this Court
In due form OF law"
The Register then proceeds to state the grounds
upon which he bases this opinion and adds:-.'It
would be m0ckery OF Justice II an individual who,
and owed partnership debts could proceed in a
charged Of either his Individual or his parInership
debts without. bringing into Court with himself all
get jurisdiction OF the partnership property, so as
10 administer upon 1t. the partnership
the Individual creditors might we'll OBJ
| ject that 1t did not appear That all the
ee e1 v s e
J and divided among them; that It did not appear.
| and could not be made to appear, unless the other
partners were brought in tnat upon lul admins
trat0n OF all the property and interests OF the bank
| rupt, there was not property out OF which their
partnership property would more than pay the part
| nershlp debts such excess would 80 to the maj.
| vidual creditors.
Judge Blatcnford in stating his views upon the
above question, gives the following
DECIsION:-
81 concur In the conclusions OF the Register, that
the proceedings In the Bankruptcy Court In Loisi.
ana are void for want OF Jurisdictions; That 1t
Court to proceed to nave Fellows and Logan ad-
judged bankruDts by this Court, and that neither
the proceedings this Court nor those In the Dis
trict Court OF LOUISIANA they stand, are OF
avaii to convey the interest OF the members OF the
firm OF Fellows Co In the lands In question 10
proceedings above referred to- to he taken by the
assignee In this Court must be proceedings by way
Court" - - '"'
Business in Bankruptcy.
From the LIST OF January, 1872 to the Goth OF last
month there have been filed In the United States
District Court 100 involuntary sixteen voluntary
petitions IN bankruptcy.
Authorizations in Involuntary Cases.
Andrew King Chandler, Albert #. Gescbcidt, Nor
Discharges in Bankruptcy.
sylvester S. Dewey, James +. Taylor, william
Fleming Smith, George Mit;auer.
The Manhattan Fire Insurance Company.
petition was recently flied by q Mr.. Orr Tor
the purpose or throwing the affairs OF the Man.
haitian Fire Insurance Company into bankruptcy.
Already receiver had been appointed In the stale
Court for the purpose OF winding up the anairs 81
the company. Yesterday, wnen the case on the
petition or Mr. Orr was called on for hearlng
counsel appeared and consented to withdrawal Oh
the bankruptcy proceedings The matter tnere-
lore, the hands OF the receiver, anu IL Is
supposed That the company Will he able to pay q
considerable amount OF It's indeotcdness-prooaoiy
forty or nifty cents on the dollar.
The New York md Yonskers Fire Insurance
Company.
A petition had also been filed against this COM
pany but the matter has gone over till next Saur,