In re Fook Woh & Co.

Good Law
232 F. 483·1915 U.S. Dist. LEXIS 1680
United States District Court, Northern District of CaliforniaOctober 6, 1915No. 9490California363 words

Opinion

lead Opinion

Dooling, J.

Jair Foo, as manager, and as one of the partners, of Fook Woh & Co., a partnership, filed a voluntary petition, asking that such partnership, and he himself, as an individual, be adjudged bankrupts. The petition avers that the partnership consists of 14 individuals, whose names are set forth therein, and “Nanking” Fook Woh Company, a corporation.

Lew .Yee Floy, one of the individuals named as a partner, has filed an answer, in which, while not denying any of the other facts alleged in the petition, he denies simply that he is a partner. Upon this issue he has asked for a jury trial.

“Nanking” Fook Woh Company, the corporation, has also filed an answer, which denies no allegation of the petition, other than the one which avers that such corporation is a member of the partnership. Upon this answer it asks that the petition be dismissed as to it.

Neither answer denies the existence of the firm of Fook Woh & Co. nor its insolvency. No adjudication is asked of any of the individual members of the firm, except the petitioner, Jair Foo; the prayer being only that he himself, and the firm, be adjudged bankrupts. Whether an adjudication of a partnership may be had without also adjudging…

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