Page:Federal Reporter, 1st Series, Volume 4.djvu/820

808 FEDBBAL BKPOBTKB. �a partnership files his petition in bankruptcy, and makes np his sohedulea without mentioning partnership assets or debts, and aska for his discharge onlyfrom his individual liabilities, he is net required by the law to inolude any partnership assets in his schedules of property. It is claimed that his discharge, when granted upon such a petition and adjudica- tion, applies to and releases him only from his individual debts, and does not release him from his partnership obliga- tion. �Much support for such a proposition is, doubtless, found in a number of the adjudged cases, {In re Little, 1 N. B. E, 341; In re Sheppard, 3 N. B. E. 172; Hudgins v. Lane, 11 N. B. E. 462; Cary v. Perry, 17 N. B. E. 147;) and I have so much respect for the opinion of the learned judges who have thus held that I have, with great care and consideration, examined the grounda on which they have founded their judgment, and regret that I am unable to reach the same conclusion. �There are difficulties, I confess, in the matter growing ont of the provisions of the bankrupt aot, and the general orders in regard to proceedings in the case of partnership; but, not stopping to set forth in detail the reasons for my opinion, I think that Judge Lowell, in Wilkim v. Davis, 15 N. B. E. 60, has correctly stated the law, and indioated the proper prac- tice, and that it is the duty of the bankrupt in such cases to include in his schedules his interest in partnership property, as well as his individual assets. �The second reason assigned is that only such property as is assignable should be included in a bankrupt's schedules, and the suit in question, being an action in tort, is not assign- able, and wcald not pass to the assignee in bankruptcy. �Section 5016 of the Eevised Statutes, in referring to the sehedule and inventory which the voluntary bankrupt must annex to his petition, provides that "the said inventory must contain an accurate statement of ail the petitioner's estate, both real and personal, assignable under this title, deseribing the same, and stating where it is situated, and whether there are any, and, if so, what encumbrances thereon." What description of property is stated to be assignable? ����