United States Supreme Court Cases & Opinions

U.S. Supreme Court

Abendroth v. Van Dolsen, 131 U.S. 66 (1889)

Abendroth v. Van Dolsen

No. 229

Argued April 12-13, 1889

Decided Hay 13, 1889

131 U.S. 66

ERROR TO THE CITY COURT OF NEW YORK

Syllabus

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.