Majority
p. 340JAMES D. TRIMBLE, Survivor, &c., Respondent, v. JOHN MORE, Impleaded, &c., Appellant. Before Sedgwick, Ch. J., and Truax, J. Decided May 2, 1881.
Headnote
I. Partnership debts.1. Bankruptcy, discharge of one partner.
(as) Effect as to discharging him from partnership debts.
1. Where an individual partner procures Ms discharge in a proceeding begun, carried on, and ended by him solely, it will not relieve him from the partnersMp debts.
II. Bankrupt.
1. Cancellation of judgment against.
(a) Application for, under § 1268, Code Bin. Pro.
1. A judgment against partners on a firm debt will not be canceled as to an individual partner upon Ms motion, founded on his individual discharge in a proceeding begun, carried on, and ended by him solely.
Appeal from order denying defendant’s motion, under section 1268 of the Code of Civil Procedure, that, as to him, the judgment in this action against him and another jointly, be canceled, by reason of a discharge in bankruptcy, obtained by the defendant individually.
By the affidavits, it was shown that defendant, More, -filed an individual petition in bankruptcy, and obtained his discharge.
It also appeared that the judgment in the action was against the defendants jointly, on a note given by them as a firm, and that at the time of the petition in bankruptcy, that firm had a large amount of assets. The motion was denied.
William S. Connell, for appellant.
Samuel O. Adams, for respondent.
The case of Crompton v. Conkling (15 Nat. Bankr. Reg. 417), requires us to hold that, in a case like the present, the individual discharged in a proceeding begun, carried on, and ended by him solely, is not relieved, by force of his discharge, from the partnership debts.
Order affirmed, with $10 costs, disbursements to be taxed by the clerk.
Truax, J., concurred.