IN RE FULLER

No. 324.

9 F.2d 557 (1925)

In re FULLER et al.

Circuit Court of Appeals, Second Circuit.

June 10, 1925.


Attorney(s) appearing for the Case

Chadbourne, Hunt, Jaeckel & Brown, of New York City (William M. Chadbourne and Carroll R. Ward, both of New York City, of counsel), for appellants.

Max D. Steuer and Samuel Gottlieb, both of New York City, for appellee.

Before ROGERS, MANTON, and HAND, Circuit Judges.


HAND, Circuit Judge.

This appeal raises the validity of the order which denied the petition of April 25, 1924, mentioned in the companion cause decided along with this. The facts may be found by referring to that opinion. The question is whether, if Stoneham was in fact a dormant partner, he is concluded by the adjudication, so that the only issue left open to him is his membership in the firm.

It is a wholly different thing to say that a dormant partner may...

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