In re Marine Const. & Dry Dock Co.
Court of Appeals for the Second Circuit
Petition for Revision of Order of the District Court of the United States for the Eastern District of New York. This cause comes here upon a petition to review an order denying a motion to vacate proceedings in' bankruptcy against the corporation.
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Petition for Revision of Order of the District Court of the United States for the Eastern District of New York. This cause comes here upon a petition to review an order denying a motion to vacate proceedings in' bankruptcy against the corporation. It is a New York corporation, incorporated to do a general manufacturing business, without limitation thereof- — to manufacture, construct, repair, equip, buy, sell, lease, mortgage, or otherwise deal in and with ships, vessels, and boats of every kind, together with all materials, articles, tools, engines, boilers, appurtenances, apparel, and…
1Opinion of the Court
EACOMBE, Circuit Judge.
The motion is made on the ground that the corporation was a shipbuilder, and therefore not engaged in manufacturing, within the intent of Bankr. Act July 1, 1898, c. 541,' § 46, 30 Stat. 547 [U. S. Comp. St. 1901, p. 3423]. These authorities are mainly relied on:
People v. N. Y. Floating Dock, 92 N. Y. 488. This case holds that a corporation incorporated for the purpose of constructing, using, and providing one or more dry docks, or wet docks, or other conveniences and structures for building, raising, repairing, and cop*447pering vessels, was not within the provisions of an…
2Cases cited3 opinions
- The ConquerorSupreme Court of the United States · 1897
- White Mountain Paper Co. v. Morse & Co.Court of Appeals for the First Circuit · 1904
- In re H. J. Quimby Freight Forwarding Co.District Court, D. Massachusetts · 1903
3Cited by8 opinions
- In re First Nat. Bank of Belle FourcheCourt of Appeals for the Eighth Circuit · 1907
- In re Kingston Realty Co.Court of Appeals for the Second Circuit · 1908
- State v. Hennessy Co.Montana Supreme Court · 1924
- In re Troy Steam Laundering Co.District Court, N.D. New York · 1904
- In re Rutland Realty Co.District Court, S.D. New York · 1907
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