Page:Federal Reporter, 1st Series, Volume 1.djvu/808

 800 FEDERAL BBPOBTEB. �stitution, the laws of the United States, " etc. Under the prin- ciples laid down in the decision in Osborn v. Bank of the United States, 9 Wheat. 738, 819, it must be regarded as set- tled tiiat a suit by a corpoi-ation created by the United Statea is a suit arising under the laws of the United States. �The allegations of the petition above recited are sufficient to show that the suit arises under a law of the United States. The case is not like that of Gold-Washing Co. v. Keyes, 6 Otto, 199. In that case the corporation was not one created by an aet of congress, and the petition for removal, which was made by the corporation and others, did not state facts suffi- cient to show that the case, which was a suit against the corpo- ration and others, arose under the laws of the United States. In the present suit, the mere allegation that the plaintiff is a corporation created by act of congress shows that the tuit ia Qne arising under the laws of the United States. �The motion to remand the suit is denie d. ���In re Hamilton, Bankrupt. �{District Court, £>. Kentueky. April 14, 1880.) �Paktnekship— Conjoint Firm — Inbividuai. Paetners. — There would seem to be no legal difflculty in the way of treating two flrms as individ- ual partners in a conjoint firm, if such be the obvions intention of the parties. �SAMB — BASKRUPTCr OF JlEMBBB OP FiRM — ClAIM PbOVED BY FiBM JS �Competition with Creditors of Conjoint Firm — CoMPROsrisB.— One of such firms cannot, in competition with the creditors of the conjoint flrm, prove a claim for the part paj-ment of the partnership debts, against a bankrupt member of the othor firm, where such creditors had released such partnership from ail further obligation, upon the express consideration that the individual liability of the bankrupt for the resi- due of such partnership debt should not be impaired. �Bame — Same — Unlawfoi, Preference — Kev. St. § 5128.— Such contract, made within four months of the filing of the petition in bankruptcy, did not constitute a preference in favor of the partnership creditors under section 5128 of the Kevised Statutes. �Bankruptcy— DrviDEND Declared Under a Trust— Phoof op Wholb Claim. — A creditor cannot prove the full amount of his claim against ��� �