In re Nathan
District Court, D. Nevada
In Bankruptcy. Rule to show cause why an injunction should not issue against L. J. Cohn. On February 22, 1899, Hoffman, Kothchild & Co., Greenebaum, Weil & Michels, and Brown Bros. & Co., creditors of M. Nathan, petitioned this court to have Nathan adjudged a bankrupt under the bankrupt law of 1898. On February 27, 1899, they filed a petition, in said proceedings, against L. J. Cohn, in which, among other things, it was alleged that; “On or about the 21st day of February,…
Read the full summary
In Bankruptcy. Rule to show cause why an injunction should not issue against L. J. Cohn. On February 22, 1899, Hoffman, Kothchild & Co., Greenebaum, Weil & Michels, and Brown Bros. & Co., creditors of M. Nathan, petitioned this court to have Nathan adjudged a bankrupt under the bankrupt law of 1898. On February 27, 1899, they filed a petition, in said proceedings, against L. J. Cohn, in which, among other things, it was alleged that; “On or about the 21st day of February, 1S99, your petitioners, being then and there qualified creditors of said M. Nathan, filed herein a petition praying that…
1Opinion of the CourtHawley, District Judge
(orally). It has been held that no transfer of property, lien, or incumbrance, by mortgage or otherwise, is to be avoided by any adjudication in involuntary bankruptcy, unless made or created subsequent to the passage of the bankrupt act. In re Brown, 91 Fed. 358. But it by no means follows that, because a bona fide debt was created before the passage of the act, a mortgage or lien of- any kind could be given after the passage of the act to ' secure such a debt, so as to avoid, any proceeding instituted by the petitioning creditors to have an adjudication in bankruptcy against the party…
2Cases cited10 opinions
- Bank v. ShermanSupreme Court of the United States · 1880
- Toof v. MartinSupreme Court of the United States · 1871
- In re SieversDistrict Court, E.D. Missouri · 1899
- Tiffany v. LucasSupreme Court of the United States · 1873
- Blake v. Francis-Valentine Co.District Court, N.D. California · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re HammondDistrict Court, D. Massachusetts · 1899
- Norcross v. NathanDistrict Court, D. Nevada · 1900