Legal Opinion

In re McMurtrey & Smith

District Court, W.D. Texas

Decided December 30, 1905No. 413PublishedCited by 3 opinions

In Bankruptcy. On review of order of Franz Fiset, referee. The questions involved arise upon a petition, filed by McMurtrey & Smith, to review the order of the referee adjudging them involuntary bankrupts. The case is fully stated in the following opinion of the referee: The petition in this cause seeks, at the instance of creditors, the adjudication of the firm of McMurtrey & Smith and of its members on the ground of preference made by the firm.

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In Bankruptcy. On review of order of Franz Fiset, referee. The questions involved arise upon a petition, filed by McMurtrey & Smith, to review the order of the referee adjudging them involuntary bankrupts. The case is fully stated in the following opinion of the referee: The petition in this cause seeks, at the instance of creditors, the adjudication of the firm of McMurtrey & Smith and of its members on the ground of preference made by the firm. The firm, as such, resists the adjudication; but the individual members interpose no answer. The grounds relied on by the firm for a dismissal of…

1Opinion of the Court

MAXEY, District Judge.

The court concurs in the conclusion announced by the referee -in the foregoing elaborate and well-considered opinion. An order will therefore be entered, affirming the order passed by the referee adjudging McMurtrey & Smith bankrupts, in accordance with the prayer of the petitioning creditors.

2Cited by3 opinions

  1. Abbott v. Wauchula Mfg. & Timber Co.Court of Appeals for the Fifth Circuit · 1916
  2. Mason v. MitchellCourt of Appeals for the Ninth Circuit · 1943
  3. Boston West Africa Trading Co. v. Quaker City Morocco Co.Court of Appeals for the First Circuit · 1919

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