Mitchell v. Hampel, 276 U.S. 299 (1928)

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Mitchell v. Hampel


No. 269


Argued March 2, 1928
Decided March 19, 1928
276 U.S. 299

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

When a creditor holds an obligation of a bankrupt firm upon which member of the partnership have, as joint principals or sureties, made themselves individually liable, he is entitled, under the Bankruptcy Law, to prove his claim both against the partnership estate and the individual estates. P. 302.

18 F.2d 3 reversed.

Certiorari, 275 U.S. 512, to a decree of the circuit court of appeals reversing a decree of the district court which had permitted Mitchell, as County Treasurer, to prove a claim of the County against a bankrupt firm of bankers, with which its funds were deposited, and also against members of the firm individually. Hampel et al. were trustees in bankruptcy.