The Weekly Tallahasseean., 1901-07-11
ALEADING BASE.

~ legal decision whiGh is Of great i'm
psTtance in practically kevery nook and
Corner of the United States has just
fen handed down by he, United States
Circuit Court of Appeals for the Fifth
Feferal Circuit, sittit tg at New Or
S, La, in a cas9 originating in
tallahassee, Fla. The dase is one grow
iSg out of the present national bank
r&ptcy law, and its prosecution to what
i thought to be final adjudication of
de point involved, mounting to a
h'ecedent for the futUfe, is due to the
bsiduity and cOmpellh hg logic of Hon.
George B. Perkins, ofSTallahassee, at
brney for the bankru4 1t, anu generally
ScOgniZed as one of ne most capable
Sad promising of F7orida's younger
Awyers.
4 The facts and rulinfs of this widely
Interesting case may Sbe briefly stated
IS fOnows: Two yeara ago Richard B.
Carpenter, a former Mayor Of Tallahas-
sec. and latterIy q nferchanC of same
-rity, was individuallyAdjudged bank
$u0t. and thefeupon + Carpenter sur
zendered a stock of n merchandise which
sad been held and de3 lit in by Air. Car
genter under the bus hess name Of the
sLed Grocery COmpan4.
& From this stock dbrpenter claimed
s,is exemption OF ole thousand dol
3aTs, under the Cot 6sJitutiOn of the
State Of Florida, he being the head OF
&. family residing in EhiS State, which
Che trustee allowed.
!: The large whOleSaH firm incOrpOTat-
5ed as the c. b. ROIers Company, of
jacksonville, a creditor Of Mr.. Car
spenter, filed eXceptiS SIS to ,he report
fof the trustee in bankruptcy allowing
the exemptions clair. ed in such goods,
ION the ground that an individual do
Sing business undeE a firm name
amounted to a holding out to the world
THAT such individual Aau a partner, and
thence said goods SVere partnership
goods from which tle exceptions al
lowed by the FlOSida Constitution
lcOuld not be claimef. Under the law
of Florida exemptiols5 cannot be claim
ed in partnership property.
The matter camesOn for a hearing
upon TIE creditors exception before
t.e referee in bank kfuptcy IN January,
1900. and the refer1e ruled that said
gOOus were partnership goods; and SuS-
tanned the eXceptioB of the G. B. ROg-
erS Co. people.
Upon TeFieW of s 9ch ruling by Hon.
Charles Swayna. United States Dis
trlct IUdge FOR the Northern District of
Florida, the ruling tpf the referee was
afnrmeu, and CarpeLter the bankrupt
was adjHdgrd not sntitled TO the eX-
eInptions claims any allowed by trus
tee.
These adverse rulings. however, did
not discOncert Mr. Perkins, Carpenters
attorney. who was 4onnuent OF the cor
rectness OF his cOnt4EtiOn in the prem
ises. The matter 6as appealed TO the
United States CircTSt Court of appeals,
at New Orleans, which court has Just
unanimously reversed the judgment OF
the lower courts, kVerruiGd the cred
itDr's exception, fRG adjUdged tang
..cfein hes the widS importance Of the
caSeJ that. man Ids the right 10 con-
duct a business Jander a firm name
without being derived Of his eXcep-
IONS, and that atl individual doing
business under Il & IN name is not ne
ceSsarily holding CSt to the world that
the business was BAT of firm, nor is
there any presumption either OF law or
of fact that SucH individual had
partner in such bll Einess- to COR
Stitute and prove ! partnership, 50 as
20 bar exemptions it must be shown
I. al more than Ghe person was con-
Quoting the buSin5SS. Col. R. W. VIII
liams, of Tallahassee, represented the
Y. 2. Rogers Co.
The Importance the case lies in
,-.e fact that it wi4 be hereafter known
as a leading casf under the existing
Federal bankruptcy law. No case eX-
actly in point is ito be found in thn
authorities. Thef brief Of the bank
rUpt's attorney, ink keed, was based upon
reason and logic ther than upon cita-
LIOn of authOrItiet