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35 How. Pr. 249

In re Frear

United States District Court

Decided July 1, 1868

United States District Court · decided 1868-07-01

<p>Where one who was a member of a late firm files his individual petition in bankruptcy, all his creditors can prove their claims, whether individual or partnership. Partnership assets must be administered according to the 36th section of the bankrupt act, and so must the assets of the separate estate of the bankrupt.</p>

Cited by 2 later decisions — most recently April 1891

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-07-01

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Blatchford, J.

¶1The debt in question is provable, whether there are any assets of the co-partnership or not. If there are any such assets, they must be administered according to the provisions of section 36 of the act, and so must the assets of the separate estate of the bankrupt.

¶2The clerk will certify this decision to the register, John Fitch, Esquire.

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