In re Rutland Realty Co.
District Court, S.D. New York
In Bankruptcy. On demurrer to involuntary petition and motion to vacate receivership and order for examination.
1Opinion of the Court
HOUGH, District Judge.
The point principally argued under the demurrer, i. e., whether the allegation that the Rutland Realty Company “is engaged in the business and was incorporated for the purpose of building houses,” brings the alleged bankrupt within the scope of the act of 1898, raises a question of considerable doubt which requires, and will some time receive, the attention of the appellate tribunals.
The question ought not to be left on demurrer. Evidence should be taken before such á question is decided; but, as this matter stands, the demurrer must be decided in accordance with…
2Cases cited18 opinions
- Tide Water Oil Co. v. United StatesSupreme Court of the United States · 1898
- People Ex Rel. Brush Electric Manufacturing Co. v. WempleNew York Court of Appeals · 1892
- Commonwealth v. Northern Elec. L. & P. Co., Pennsylvania Court of Common Pleas, Dauphin County1891
- Columbia Ironworks v. National Lead Co.Court of Appeals for the Sixth Circuit · 1904
- Nassau Gas-Light Co. v. . City of B'klynNew York Court of Appeals · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Commonwealth v. Wark Co.Supreme Court of Pennsylvania · 1930
- In re New York Tunnel Co.Court of Appeals for the Second Circuit · 1908
- State v. Hennessy Co.Montana Supreme Court · 1924
- In re Church Const. Co.District Court, S.D. New York · 1907