Meek v. Centre County Banking Co., 264 U.S. 499 (1924)

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Meek v. Centre County Banking Company

Nos. 590-592

Motions to dismiss submitted March 10, 1924
Argued March 13, 1924
Decided April 7, 1924
264 U.S. 499

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

Where a partner filed a petition to have himself, the partnership, and the other partners declared bankrupt, and died pending review by this Court of orders overruling motions to dismiss the petition in the last two aspects,

Held:

(1) That § 8 of the Bankruptcy Act, providing that the death of a bankrupt shall not abate the proceedings, was inapplicable to so much of the petition as sought the bankruptcy of the firm and the other partners, they not consenting to such adjudications. P. 502.

(2) That the question whether the petitioner’s right, if any he had, to maintain the petition as against his partners and the partnership abated with his death or survived to his proper representatives in the property involved, so that the bankruptcy proceeding might be continued in their names, should not be decided ex parte; but opportunity to appear in this Court and be heard upon it would be afforded such representatives before remanding the cause for dismissal as to the partnership and nonconsenting partners. P. 503.

Motions to dismiss denied. The opinion below is reported in 292 F. 116.

Certiorari to orders of the circuit court of appeals which sustained, on petitions to revise, orders of the district court declining to dismiss a petition in bankruptcy insofar as it sought an adjudication against the above-named petitioners individually or against a partnership of which they and Shugert, (respondent here and petitioner in the district court) were the members.