Legal Opinion

Spang, Chalfant & Co. v. Taylor

Court of Appeals for the Seventh Circuit

Decided January 8, 1902No. 776PublishedCited by 14 opinions

Appeal from the District Court of the United States for the District of Indiana. The Columbia Real Estate Company, an Indiana corporation, was adjudged a bankrupt on the petition of three creditors,—Henry A. Taylor, the Rurt-Terry Stationery Company, and the Henry Taylor Lumber Company,— alleging the insolvency of the corporation, "and that it has admitted in writing its inability to pay its debts and its willingness to be adjudged a bankrupt on that ground.”

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Appeal from the District Court of the United States for the District of Indiana. The Columbia Real Estate Company, an Indiana corporation, was adjudged a bankrupt on the petition of three creditors,—Henry A. Taylor, the Rurt-Terry Stationery Company, and the Henry Taylor Lumber Company,— alleging the insolvency of the corporation, "and that it has admitted in writing its inability to pay its debts and its willingness to be adjudged a bankrupt on that ground.” An adjudication of bankruptcy was entered on March 2, 1900, being the same day the petition therefor was filed, and on April 27, 1900,…

1Opinion of the Court

SEAMAN, District’Judge,

after making the foregoing statement,' delivered the opinion of the .court.

This appeal is brought by the petitioner. Spang, Chalfant & Co., from an order of the district court dismissing its petition for intervention in bankruptcy proceedings against the Columbia Real Estate Company to set aside an adjudication of involuntary bankruptcy theretofore entered. The adjudication was unopposed, and is not reviewable on the present appeal, so that the only questions presented are (x) whether an appeal lies from the order dismissing the petition; and, if appealable, (2) whether…

2Cases cited5 opinions

  1. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  2. Credits Commutation Co. v. United StatesSupreme Court of the United States · 1900
  3. Ex Parte CuttingSupreme Court of the United States · 1877
  4. Guion v. Liverpool, London, & Globe InsuranceSupreme Court of the United States · 1883
  5. Buel v. Farmers' Loan & Trust Co.Court of Appeals for the Sixth Circuit · 1900

3Cited by14 opinions

  1. State of Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1936
  2. Dodge v. NorlinCourt of Appeals for the Eighth Circuit · 1904
  3. United States Trust Co. v. Chicago Terminal Transfer R.Court of Appeals for the Seventh Circuit · 1911
  4. In Re S. W. Straus & Co.Court of Appeals for the Second Circuit · 1933
  5. In Re New York InvestorsCourt of Appeals for the Second Circuit · 1935

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