Legal Opinion

In re Perry

District Court, D. Massachusetts

Decided April 7, 1909No. 14,121PublishedCited by 8 opinions

In the matter of the Lewis E. Perry & Whitney Company, an alleged bankrupt. Application for adjudication. Petition dismissed.

1Opinion of the Court

DODGE. District Judge.

The sole act of bankruptcy relied on in this petition, which was filed September 25, 1908, is a general assignment for the benefit of creditors to Birney C. Parsons, alleged to have been made on September 11, 1908. It is not disputed that such an assignment was made, but on September 10th, as the referee has found, instead of September 11th, according to the petition.

Two of the three original petitioning creditors, viz., Skelly and Beaumont, were not creditors on September 10, 1908. On that date the demands or claims, of which they allege themselves the owners in the…

2Cases cited5 opinions

  1. Lowenstein v. Henry McShane Mfg. Co.District Court, D. Maryland · 1904
  2. In re TribelhornCourt of Appeals for the Second Circuit · 1905
  3. Brake v. CallisonCourt of Appeals for the Fifth Circuit · 1904
  4. In re CallisonDistrict Court, S.D. Florida · 1903
  5. In re Halsey Electric Generator Co.District Court, D. New Jersey · 1908

3Cited by8 opinions

  1. Guterman v. C. D. Parker & Co.Court of Appeals for the First Circuit · 1936
  2. Lowe v. CrockerWisconsin Supreme Court · 1913
  3. In re PerryDistrict Court, D. Massachusetts · 1909
  4. McCune v. First Nat. Trust & Savings Bank of Santa BarbaraCourt of Appeals for the Ninth Circuit · 1940
  5. Guterman v. C. D. Parker & Co.Court of Appeals for the First Circuit · 1936

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