Meek v. Centre County Banking Co., 268 U.S. 426 (1925)

Meek v. Centre County Banking Co.

Nos.191, 192, 193
Argued March 13, 1924
Reargued November 26, 1924
Decided May 25, 1925
268 U.S. 426

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. When the petitioner in an involuntary bankruptcy proceeding dies before adjudication, the proceeding does not abate, but, under Rev.Stats. § 955, may be prosecuted by his personal representative. P. 428.

2. The Bankruptcy Act gives no authority to adjudge a partnership bankrupt upon a petition filed against it by but one of its members. P. 431.

3. Section 5c of the Bankruptcy Act, providing that the court of bankruptcy having jurisdiction of one of the partners may have jurisdiction of all the partners and of the administration of the partnership and individual property, relates solely to the venue, or the territorial jurisdiction of the court. P. 431.

4. A petition by a partner to have himself, the partnership, and the other partners declared bankrupt, and not purporting to be a petition of the partnership or authorized by it, cannot be regarded as a voluntary petition of the partnership. P. 432.

5. An involuntary petition against a partnership must be filed by creditors and allege an act of bankruptcy. P. 432.

6. The authority conferred on this Court by § 30 of the Bankruptcy Act to prescribe all necessary rules, forms, and orders as to procedure and for carrying the Act into effect, is limited to provisions for the execution of the Act itself, and does not authorize additions to its substantive provisions. P. 434.

7. General Order No. 8 and Form No. 2, in purporting to authorize one or less than all the partners to file a petition against the partnership without the consent of the others, do not relate to the execution of any of the provisions of the Act itself, and are therefore without statutory warrant, and of no effect. P. 434.

8. A petition by a partner not maintainable against the partnership held not maintainable against nonconsenting partners individually. P. 434.

292 F. 116 reversed.

Certiorari to judgments of the circuit court of appeals which affirmed orders of the district court denying motions to dismiss, pro tanto, a petition in bankruptcy. General Order in Bankruptcy No. 8 and Form No. 2, were abrogated by order of May 25, 1925.