Page:Federal Reporter, 1st Series, Volume 2.djvu/326

 IN BB JORDAN. S1& ���In re Jobdan <& Blaee. Eliza J. Yobe, adm z de bonis non^ �claimant. �{District Court, D. Maine. , 1880.) �Ban KBUPTOT — PROVABiiE DBBT8. — Every debt recoverable, elther at law or In equity, is provable in bankruptcy. �Tku8T Pbopbrtt — Person Taking with Notice. — Any person receiv- fcig trust property with notice of its character takes the same subject thereto, and is chargeable therewith as trustee. �Baub — Use of bt Thubtbb, m ms Partnbrship Business— Liabhjtt Creatbd. — Where an administrator, a member of a partnerslxip, used the funds of the estate in the flrm business, and the other partners bad notice thereof, hdd, that the ûrm and its members became jointly and ««Teially liable for sucb funds. �Baj£b — Same — Pboof of Clam bt AiiMiNisrRATBix de bonis.— Where in sucb case the administrator died, and an administratrix da bonis was sppointed in his place, and the flnn of which the former admmistrator was a member became bankrupt, Tield, that she might prore the claim. for such f und against botb estates. �In Bankruptcy, �W. L. Putnam, for Eliza J. York, adm'x. �T. J. Haskell, for assignee and general creditors. �Pox, D. J. Dexter Jordan, one of the firm of Jordan & Blake, was administrator on the estate of Eobert M. York, and having collected considerable sums of money as adminis- trator used them for firm purposes — an account being opened on the firm books of Jordan & Blake by which the "Estate of E. M. York" -vyas, from time to time, credited with ail sums thus received by Jordan, and charged with ail disbursements made by him for the estate. The firm having been adjudged bankrupt, and Jordan having since died, Mrs. York, as admin- istratrix de bonis non, claims to prove against the firm estate and also the individual estate of Jordan this balance due from Jordan, there being assets of both of said estates. The regis- ter allowed the proof against Jordan's estate, and disallowed the proof against the firm estate, and from this an appeal ig �taken. �The construction given by Judge Lowell in In re Blandin. �5 B. B. 41, to the provisions of the bankrupt act respecting ����