Wright

The only questions presented by this appeal are as to the sufficiency of the petition and the verification. They are as follows: —

The objection to the petition is, that it does not show that the creditors were creditors of the partnership rather than of D. L. and W. B. Wright as individuals. The allegation is, that D. L. and W. B. Wright, doing business as partners under the firm name of D. L. & W. B. Wright, are indebted, etc., and not that the firm of D. L. & W. B. Wright are indebted, etc. I think this averment can only be understood as charging that the indebtedness arose in the business of the copartnership.

There is no provision in the Insolvent Act for adjudging two or more persons insolvent and providing for a joint assignment, except section 35, which authorizes such proceedings in favor of or against partners, in reference to partnership debts and assets. In such case the proceeding is properly for or against them individually as partners. This must be so, for the separate estate of each member of the firm also passes to the assignee. And such was the practice in bankruptcy in the federal courts. Partnership debts are, after all, only *332 joint obligations, and the…