Legal Opinion

Steiner, Lobman & Frank v. T. S. Faulk & Co.

Court of Appeals for the Fifth Circuit

Decided April 12, 1915No. Nos. 2671, 2701Published

In Error to, and Petition to Superintend and Revise from, the District Court of the United States for the Middle District of Alabama; Aleck Boarman, Judge. Proceeding by Steiner, Lobman & Frank and others against T. S. Faulk & Co. to have the defendant adjudicated a bankrupt. Judgment in favor of defendant, and petitioners bring error, also filing a petition to superintend and revise.

1Opinion of the Court

WALKER, Circuit Judge.

[1] Before the submission to the jury of the issue made by the answer of T. S. Faulk & Co. to the involuntary petition to have that firm adjudged a bankrupt, the creditors who had instituted the proceeding filed a petition, which, after alleging in substance that said T. S. Faulk, acting for and in behalf of said firm of T. S. Faulk & Co., and being authorized to do so, requested *62that petitioners file a petition in bankruptcy against said firm, and obtain the appointment of a receiver to take charge of the firm’s assets and property for the benefit of its creditors, and…

2Cases cited6 opinions

  1. Paul v. CullumSupreme Court of the United States · 1889
  2. In re CarletonDistrict Court, D. Massachusetts · 1902
  3. In re MurrayDistrict Court, N.D. Iowa · 1899
  4. T. S. Faulk & Co. v. Steiner, Lobman & FrankCourt of Appeals for the Fifth Circuit · 1908
  5. Parker v. BrownCourt of Appeals for the Eighth Circuit · 1898

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