Abendroth v. Van Dolsen - 131 U.S. 66 (1969)
U.S. Supreme Court
Abendroth v. Van Dolsen, 131 U.S. 66 (1889)
Abendroth v. Van Dolsen
Argued April 12-13, 1889
Decided Hay 13, 1889
131 U.S. 66
ERROR TO THE CITY COURT OF NEW YORK
The connection of the plaintiff in error with the partnership of GriffIth & Wundram was not a matter in issue in the proceedings in bankruptcy against that firm.
An adjudication of the bankruptcy of a firm, and of the members in whose name the firm was doing business, in a bankrupt proceeding affecting them alone, to which a special partner was not a party, does not estop a copartnership creditor from setting up the liability of such special partner, imposed upon him by the statute, for noncompliance with its provisions.
A special partner in a partnership, who is not a party to proceedings in bankruptcy against the partnership and the general members of it, is not entitled to the stay of proceedings provided for in Rev.Stat. § 5118 until the question of the debtor's discharge shall have been determined.