In re Smith
District Court, D. Massachusetts
A creditor’s petition represented that the •defendants were joint traders, who had fraudulently suspended payment of their commercial paper. It was proved that they were contractors to' build the Ware River Railroad, and were to grade the road, put down the ties and rails, and build the stations; receiving money, bonds, and shares •of the company, in certain proportions, as the work proceeded. Whether they bought rany materials on credit did not appear.
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A creditor’s petition represented that the •defendants were joint traders, who had fraudulently suspended payment of their commercial paper. It was proved that they were contractors to' build the Ware River Railroad, and were to grade the road, put down the ties and rails, and build the stations; receiving money, bonds, and shares •of the company, in certain proportions, as the work proceeded. Whether they bought rany materials on credit did not appear. They needed money to carry on the work; sind raised it in part by acceptances of the petitioner’s drafts, which he signed for a…
1Opinion of the Court
LOWELL, District Judge.
The defend•ants are joint contractors for building a rail-Toad in the Western part of this state; and the main point of discussion has been, whether, as such contractors, they are traders within the thirty-ninth section of the bankrupt act, so that the dishonor of their •commercial paper, continued for fourteen days, is an act of bankruptcy. The most usual meaning of “trader” is one who buys u.nd sells goods. In a writ or deed or indictment it would not be regular to describe one :as a trader whose business it was to build ■or undertake works upon the land of other…
2Cited by8 opinions
- In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
- In re New York & W. Water Co.District Court, S.D. New York · 1900
- Daniels v. PalmerSupreme Court of Minnesota · 1886
- United States Hotel Co. v. NilesCourt of Appeals for the Sixth Circuit · 1904
- In re H. J. Quimby Freight Forwarding Co.District Court, D. Massachusetts · 1903
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