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42 How. Pr. 469

In re Greenfield

Decided July 1, 1872

<p>A copartnership consisting of three parties doing business at New Orleans had expired by limitation in 1862. One of the parties became a resident of the city of New York, and in 1867, filed his petition to be declared a bankrupt in the district court for the southern district of New York. He was so declared a bankrupt and an assignee was duly appointed. In 1868, the other two parties filed their petition in bankruptcy in the district court for the district of Louisiana, praying that the firm be declared bankrupts. They were so declared bankrups, and an assignee was duly appointed. It appeared that there¿were partnership debts still existing and a considerable amount of real estate belonging to the copartnership situate in several different states:</p> <p>J3.eld, That the proceedings in the bankruptcy court of Louisiana are void for want of jurisdiction. That it is the duty of the assignee in New York to proceed in this court by petition supplementary, and have the New Orleans copartners adjudged bankrupts.</p> <p>JETeld, That neither the proceedings in this court nor those in the district court for Louisiana as they now stand, are of any avail to convey the interest of the members of the firm to the lands in question to any assignee in bankruptcy in either court.</p>

Decided 1872-07-01

Blatchford, J.

¶1I concur in the conclusions of the register, that the proceedings in the bankruptcy court in Louisiana, are void for want of jurisdiction; that it is the duty of the assignee appointed by this court to proceed to have Fellows and Logan adjudged bankrupts in this .court, 'and that neither the proceedings in this court nor those in the district court for Louisiana as they now stand,, are of avail to convey the interest of the members of the firm of Fellows & Co., in' the lands in question, to any assignee in bankruptcy in either court. The proceedings above referred to, to be taken by the assignee, in this court, must be proceedings by way of supplement in the proceedings pending in this court.

¶2The clerk will certify this decision to the register, Isaiah ■T. Williams? Esq., March 2, 1872. . _ .

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