Legal Opinion

In re Automatic Typewriter & Service Co.

Court of Appeals for the Second Circuit

Decided January 12, 1921No. 107PublishedCited by 23 opinions

Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the Automatic Typewriter & Service Company, alleged bankrupt. On petition by alleged bankrupt to revise orders denying a motion to dismiss the petition and granting a motion to dismiss certain defenses pleaded.

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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the Automatic Typewriter & Service Company, alleged bankrupt. On petition by alleged bankrupt to revise orders denying a motion to dismiss the petition and granting a motion to dismiss certain defenses pleaded. Petition to revise two orders made by the District Court for the Southern District of New York; the first denying a motion made by the alleged bankrupt to dismiss the involuntary petition in bankruptcy filed by the Hooven Automatic Typewriter Corporation, a…

1Opinion of the Court

MANTON, Circuit Judge.

The Hooven Automatic Typewriter Corporation on May 21, 1920, as a petitioning creditor, filed an involuntary petition, praying that the Automatic Typewriter & Service Company be adjudicated a bankrupt. The alleged bankrupt filed an answer, in which it. set up, among other things, seven affirmative defenses. To this no replication was filed, or ordered to be filed. The issues raised by' the petition and answer were noticed for trial, when' a notice was served that an application would be made to dismiss the petition at a term of the District Court. The petitioning…

2Cases cited3 opinions

  1. Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
  2. In re HornsteinDistrict Court, N.D. New York · 1903
  3. In re Connecticut Brass & Mfg. Corp.District Court, D. Connecticut · 1919

3Cited by23 opinions

  1. In the Matter of Gibraltor Amusements, Ltd., Bankrupt-Appellant, and the Wurlitzer Company and Wurlitzer Acceptance Corporation, Petitioning CreditorsCourt of Appeals for the Second Circuit · 1961
  2. In Re Alta Title Co.United States Bankruptcy Court, D. Utah · 1985
  3. Carteret Savings Bank, F.A. v. Nastasi-White, Inc. (In Re East-West Associates)District Court, S.D. New York · 1989
  4. In Re Caucus Distributors, Inc.United States Bankruptcy Court, E.D. Virginia · 1989
  5. Greenville Banking & Trust Co. v. SelcowCourt of Appeals for the Third Circuit · 1928

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