United States v. Freed
U.S. Circuit Court for the District of Southern New York
Max Freed was indicted for causing the bankrupt, Suffolk Boarding .& Livery Stable, of which he was president, to fraudulently conceal from its trustees various sums of money and other assets, and Freed, David Heller, and Hyman Gerchikoff were each also indicted for a false oath alleged to have been committed by them while witnesses before Nathanial S. Smith, referee in bankruptcy, in the matter of the Suffolk Boarding & Livery Stable.
Read the full summary
Max Freed was indicted for causing the bankrupt, Suffolk Boarding .& Livery Stable, of which he was president, to fraudulently conceal from its trustees various sums of money and other assets, and Freed, David Heller, and Hyman Gerchikoff were each also indicted for a false oath alleged to have been committed by them while witnesses before Nathanial S. Smith, referee in bankruptcy, in the matter of the Suffolk Boarding & Livery Stable. Defendants pleaded not guilty, demurred to the indictments, and moved to quash the same.
1Opinion of the Court
HAND, District Judge.
This being upon demurrer and motion to quash, I may consider only the ‘indictment. The allegation is that a petition was filed against “a corporation created by and existing under the laws of the state of New York,” whose name-is stated to have'been “Suffolk Boarding & Livery Stable.” There is no judicial presumption that the corporate name of a corporation denotes what is the business in which it is “engaged principally.” Bankr. Act July 1, 1898, c. 541, § 4b, 30 Stat. 547 (U. S. Comp. St. 1901, p. 3423). For aught that appears, the corporation may have been engaged…
2Cases cited4 opinions
- Edelstein v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- Cohen v. United StatesCourt of Appeals for the Second Circuit · 1907
- Field v. United StatesCourt of Appeals for the Eighth Circuit · 1905
- United States v. Young & Holland Co.U.S. Circuit Court for the District of Rhode Island · 1909
3Cited by15 opinions
- Barron v. United StatesCourt of Appeals for the First Circuit · 1925
- United States v. Lester VanderbergCourt of Appeals for the Seventh Circuit · 1966
- Sharron v. United StatesCourt of Appeals for the Second Circuit · 1926
- United States v. GreenbaumDistrict Court, E.D. Michigan · 1918
- United States v. Walter Elwood KramerCourt of Appeals for the Third Circuit · 1960
10 more not listed; retrieve them via the Exa API.