Legal Opinion

In re Murphy

District Court, D. Massachusetts

Decided February 25, 1915No. 21685PublishedCited by 7 opinions

In Bankruptcy. In the matter of John F. Murphy, alleged bankrupt. Adjudication of bankruptcy confirmed, on petitioners, Ayer & Co., depositing with the clerk a specified sum, to be paid over to the trustee when one shall be chosen.

1Opinion of the Court

MORTON, District Judge.

[1] The only real question is whethed Ayer & Co. have standing as petitioning creditors. Without that claim, the petitioning creditors have not provable claims which amount to $500. The matter was referred to Mr. Referee Gibbs, who has filed his report, stating the facts, and has ruled upon the facts found that the petition is sufficient and that the respondent should be adjudicated. As the evidence is not reported, his findings of fact are conclusive, unless they appear to be erroneous on the face of his report.

[2] The respondent was, at the filing of the petition,…

2Cases cited2 opinions

  1. Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
  2. In re GilletteDistrict Court, W.D. New York · 1900

3Cited by7 opinions

  1. Morrison v. RiemanCourt of Appeals for the Seventh Circuit · 1917
  2. Winkleman v. OgamiCourt of Appeals for the Ninth Circuit · 1941
  3. In Re CooperDistrict Court, D. Massachusetts · 1926
  4. In re Standard-Detroit Tractor Co.District Court, E.D. Michigan · 1921
  5. In Re Vento Development Corp.Court of Appeals for the First Circuit · 1977

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