Freeman v. Campbell (1880) · DecisionDepot

Freeman v. Campbell

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1880 No. No. 7,440Published

Before: Sharpstein

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Holding. The court held that an individual discharge in insolvency does not release partnership indebtedness because the insolvency court lacks jurisdiction over partnership property based solely on individual petitions.

Issues

Whether an individual discharge in insolvency releases partnership indebtedness.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“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.”

Synopsis

Appeal from a judgment for the plaintiff, in the Superior Court of the County of Colusa. Hatch, J.

Sharpstein, J.: The 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 [640]v. 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.

Judgment affirmed.

Thornton, J., and Myrick, J., concurred.

Freeman v. Campbell

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