Legal Opinion

Stipp v. O'Malley

Court of Appeals for the Third Circuit

Decided March 25, 1915No. 1895PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Middle District of Pennsylvania; Chas. B. Witmer, Judge. hi the matter of the M. Stipp Construction Company, bankrupt, of which Charles P. O’Malley is trustee. From an order directing the trustee to issue a call on the subscribers to the stock of the bankrupt company, Mathias Stipp appeals.

1Opinion of the Court

McPHERSON, Circuit Judge.

The Construction Company was adjudged a voluntary bankrupt in December, 1910, and in February, 1911, Charles P. O’Malley was chosen trustee. On May 20, 1913, the trustee presented a petition to the District Court setting forth in substance as follows:

The scheduled debts amount to about $81,000, and the scheduled assets to about $1,700. The company was organized in 1906, with an authorized capital stock of $100,000, divided into 1,000 shares, of which 940 shares were subscribed for by seven persons (only six of whom need to be noticed at present). Mathias Stipp was a…

2Cases cited2 opinions

  1. Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
  2. In re Newfoundland SyndicateCourt of Appeals for the Third Circuit · 1913

3Cited by6 opinions

  1. Harrigan v. BergdollSupreme Court of the United States · 1926
  2. Britton v. AndrewsCourt of Appeals for the Eighth Circuit · 1925
  3. Bergdoll v. HarriganCourt of Appeals for the Third Circuit · 1920
  4. In re Bell Tone Records, Inc.District Court, D. New Jersey · 1950
  5. In re Louis J. Bergdoll Motor Co.District Court, E.D. Pennsylvania · 1919

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