Holmes v. Baker & Hamilton
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Eastern Division of the Eastern District of Washington. In a petition of the creditors of the firm of C. H. Holmes & Co., filed on August 18, 1906, praying that the firm and each member thereof be adjudged bankrupt, it was alleged that the said partnership and each of its members are and have been insolvent since May 1, 1906, that the said firm committed an act of bankruptcy in permitting one of its creditors to…
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Appeal from the District Court of the United States for the Eastern Division of the Eastern District of Washington. In a petition of the creditors of the firm of C. H. Holmes & Co., filed on August 18, 1906, praying that the firm and each member thereof be adjudged bankrupt, it was alleged that the said partnership and each of its members are and have been insolvent since May 1, 1906, that the said firm committed an act of bankruptcy in permitting one of its creditors to obtain a preference through legal proceedings against the firm, resulting, on July 12, 1906, in a judgment upon which…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). It is assigned as error that the District Court adjudged the appellant a bankrupt. It is contended that the failure of the appellant to release and discharge the preference of the execution creditor was not an act of bankruptcy on his part, the debt not being his debt, nor the merchandise levied on his property, but that of a firm with which he had severed his connection months prior thereto, and it is argued that at *923the time of the alleged act of bankruptcy the firm had long ceased to exist, and that no act can be committed by a nonexisting entity. The…
2Cases cited6 opinions
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- In re L. Stein & Co.Court of Appeals for the Seventh Circuit · 1904
- In re HirschDistrict Court, S.D. New York · 1899
- In re NoonanU.S. Circuit Court for the District of Eastern Wisconsin · 1873
- In re CrockettDistrict Court, S.D. New York · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re FackelmanDistrict Court, S.D. California · 1918
- In re PinsonDistrict Court, N.D. Alabama · 1910
- Pearson v. HigginsCourt of Appeals for the Ninth Circuit · 1931