In re Hansley & Adams

[1] Hansley and Adams were partners. J. E. Adams, one of the partners, filed a petition to have the partnership and himself declared bankrupts, alleging the proper jurisdictional facts.. The petition also alleged that H. A. Hansley resided in the district and was insolvent. The prayer of the petition is that the partnership, and the members thereof, be declared bankrupts. Hansley opposed the proceedings. Upon the findings of a special master, an order was made in the matter, in the words and figures following :

This is not an adjudication that the members of the partnership are bankrupt.

Hansley now moves the court to vacate the adjudication on the ground that there has been no order adjudicating H. A. Hansley and J. E. Adams bankrupts. The contention is made that the partnership cannot be adjudged bankrupt without, at the same time, adjudging the individual members of the partnership bankrupts.

[2, 3] The statute provides that a partnership may be declared bankrupt A partnership is an entity to that extent. The statute does not impose the condition that the partners'shall be declared bankrupt at the same time as the partnership. It is plain that the partnership may be declared…