Edward Terry Sanford

“ That, as was said by the Supreme Judicial court, the indorsements of the notes by the defendants 'created individual obligations, separate and distinct from the firm obligations,' is clear; it being well settled in Massachusetts that a partner who indorses a firm note as an individual, incurs-in addition to the liability for the partnership debt arising from his membership in the firm-a distinct and separate liability arising by reason of his personal indorsement. ”

“ The Bankruptcy Act [3] provides, in so far as pertinent here, that a partnership may be adjudged a bankrupt, section 5a (Comp. St. § 9589) ; that a 'bankrupt-including, as defined by section 1a (Comp. St. § 9585) , a person against whom an involuntary petition has been filed-'may offer, either before or after adjudication, terms of composition to his creditors,' after filing 'the schedule of his property and the list of his creditors,' section 12a, as amended (Comp. St. § 9596) ”

“ The Superior Court, pursuant to the rescript, entered a decree against the defendants in the respective amounts of their individual obligations as indorsers upon the notes. [1] This being, under the practice that was followed, [2] the final decree in the case and not appealable, Boston, Petitioner, 223 Mass. ”