Amsinck v. Bean

In Amsinck v. Bean, 89 U.S. 395 (1874), in holding that the assignee (Trustee) of a bankrupt partner was not entitled to himself enforce the winding up of partnership affairs when that partner was bankrupt, the Court held that the other partner had to account to the Trustee of the bankrupt partner for the interest of the bankrupt in the partnership. It stated: Bankruptcy, it is said, when decreed by a competent tribu nal, dissolves the copartnership, but the joint property remains in the hands of the solvent partner or partners, clothed with a trust to be applied by him or them to the dis charge of the partnership obligations and to account to the bankrupt partner or his assignee for his share of the sur plus. Ex parte Norcross, 5 L. R., 124; Harvey v. Crickett, 5 Maule & S., 339. (395 U.S. at 403.)