In re Shields & Mattison

A petition was filed on December 13, 1924, by George E. Shields, who represented that he was a member of a copartnership known as Shields & Mattison, and that the said copartnership was insolvent, and that it had permitted a judgment to he taken against it which would amount to a preference. In this petition Shields set forth that the other partner, A. E. Mattison, had refused to join in the petition. Mattison appeared, and in an answer denied that he was a copartner with Shields at the time of the filing of the petition, or that he had been a copartner at any time subsequent to the 17th day of October, 1924, on which date he alleged that the copartnership which had theretofore existed had been dissolved by mutual consent. Upon written stipulation, signed by counsel for Mattison and counsel for the petitioning partner, the question as to Mattison’s association in the copartnership, as raised by his answer, was submitted to a special master to take evidence and. report his findings and conclusions; it being stated in the stipulation that the only question to be by the master determined was “whether A. E. Mattison is a member of the partnership above named.” The master heard the…