The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 9
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THE MARY B. CURTIS
ually liable for all partnership debts as between him and the partner-
ship creditor, and this obligation is joint and several at the option of
the creditor. But as between his individual and partnership creditors,
under the bankrupt law, the primary liability of his property is to the
former. It would be contrary to the policy of the bankrupt law to per-
mit the firm creditor, by invoking such a technical rule of law, to place
himself on a parity with the individual creditors of the partners as to
his individual assets, and so circumvent the equitable distribution of
partnership assets among firm and individual creditors provided for in
The question has been answered differently by the Circuit Courts
of Appeal in the First and Second Circuits. The case of In re Coe,
183 Fed. 745, 106 C. C. A. 181 (Circuit Court of Appeals, Second Cir-
cuit). is contrary to the view expressed; while the case of Reynolds
v. New York Trust Co., 188 Fed. 611, 110 C. C. A. 409, 39 L. R. A.
(N. S.) 391 (Circuit Court of Appeals, First Circuit), directly sup-
The order of the District Court, disallowing the claim of appellants
against the individual estates of the partners, is affirmed.
THE MARY B. CURTIS. THE ELLIS. THE PITTSBURG.
(Circuit Court of Appeals, Fifth Circuit. February 13, 1918. Rehearing
Denied April 3, 1918.)
1. ADMIRALTY X10-APPEL---PARTIES.
To an appeal by claimants in a suit in rem in admiralty, a surety com-
pany, which executed the stipulation for release of the libeled vessels, is
an indispensable party, and must either be joined or notified and a
2. APPEAL AND ERROR 6.329--PARTIES TO APPEAL--BRINING IN BY AMEND-
The Circuit Court of Appeals may permit a party which has been
omitted from an appeal, and not summoned and severed, to be brought in
by amendment, where it appears and waives citation.
& COLLIsION e=74-TOW AND MOORED D)REDGE IN CANAL-FAULT.
Libelant's dredge, engaged in government work in the Sabine-Neches
Canal, was lying moored to the side of the canal on Sunday, when it was
brought into collision with a barge, which was passing through the canal
in tow of two tugs, and sunk. I eld, on the evidence, that the dredge
was not in fault; that it was moored in a proper place, and was kept
as close to the bank as possible; that it was not in fault for assenting to
the passage of the tow, for which there was room, the canal being 200
feet wide; that the tugs were in tault for improper navigation of the
tow of which they were in full charge; and that the barge wtas also in
fault for unnecessarily allowing her anchor to hang on her side partly
below the water line, which struck the dredge and caused the sinking,
which was the principal cause of injury.
4. COLLISION 4132-DAMAGEs-ELEMENT.
Proof of damages recoverable for the sinking of a dredge, consisting of
evidence as to the cost of labor and materials used in raising the dredge,
g-oFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/24/: accessed August 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.