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56 Cal. 639

Freeman v. Campbell

California Supreme Court

Decided July 1, 1880

California Supreme Court · decided 1880-07-01

<p>Insolvency—Partners.—In an action to obtain a decree against defendants ordering that a partnership debt be satisfied out of the partnership assets, it is no defense that the defendants have been individually discharged in insolvency from their debts.</p>

Decided 1880-07-01

Sharpstein, J.:

¶1The judgment appealed from was rendered and entered against the defendants as copartners, with an order that the same should be satisfied out of their partnership property. The defense is, that the defendants have been individually discharged in insolvency from their debts. We have already held, in Glenn *640v. Arnold, ante, 631, that, such discharges did not operate to release the partnership indebtedness, for the reason that the insolvency court, by the proceedings, had upon the. individual petitions of the insolvents, acquired no jurisdiction over the partnership property.

¶2Judgment affirmed.

¶3Thornton, J., and Myrick, J., concurred.

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