Bollinger v. Central Nat. Bank
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of California. In the matter of the bankruptcy proceedings of the Duquesne Brewing Company. On petition of the Central National Bank and others to have the corporation declared a bankrupt, to which S. W. Bollinger and another objected. From an order granting the petition, objectors appeal.
1Opinion of the Court
GILBERT, Circuit Judge.
The appellants assign as error that the _ District Court adjudicated the Duquesne Brewing Company a bankrupt upon a finding of the referee that the company was, at the time of incurring the debts due the petitioning creditors, a corporation engaged principally in manufacturing pursuits. The contention is that the brewing company was not at the time when the petition was filed against it, and never had been, engaged in manufacturing, and that therefore the court had no jurisdiction to adjudge it a bankrupt.
The facts are undisputed. The brewing company was incorporated…
2Cases cited5 opinions
- Tiffany v. La Plume Condensed Milk Co.District Court, M.D. Pennsylvania · 1905
- White Mountain Paper Co. v. Morse & Co.Court of Appeals for the First Circuit · 1904
- In re White Mountain Paper Co.District Court, D. New Hampshire · 1903
- In re Toledo Portland Cement Co.District Court, E.D. Michigan · 1907
- In re Bloomsburg Brewing Co.District Court, M.D. Pennsylvania · 1909
3Cited by1 opinion
- In re WakefieldDistrict Court, N.D. California · 1910