In re Baker & Hamilton

This proceeding was commenced under the act approver! March 31st, 1876, entitled “ An Act supplementary to an act entitled an ‘Act for the relief of Insolvent Debtors and protection of Creditors,’ approved May 4th, 1852, and the acts amendatory thereof and supplemental thereto,” by three of the creditors of the partnership of Huston Brothers, holding the requisite amount of indebtedness, praying that they be adjudged insolvent, and be required to surrender their property for the benefit of their creditors. The Court below held that the act in question, commonly known as the Involuntary Insolvent Act, did not apply to partnerships, and that Huston Brothers could not be adjudged insolvent under its provisions. Counsel for appellants contends, with much force, that the language of the act is broad enough to include partners as well as individuals, and if the question stood as an original proposition, we are not prepared to say we would not agree with him. But the language of the Act of March 31st, 1876, so far as the question under consideration is concerned, is substantially the same as that of the Act of 1852, and it 'was held here at an early day—in the case of Meyer v. Kohlman, 8…