In re Bininger
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the southern district of New York. [In bankruptcy. Petition by William J. Hardy and others to have Abraham Binin-ger and Abraham B. Clark adjudged bankrupts. Decree for petitioners. Case • No. 6,058. This was a review of an adjudication of bankruptcy made by the district court, after a trial by a jury.
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[Appeal from the district court of the United States for the southern district of New York. [In bankruptcy. Petition by William J. Hardy and others to have Abraham Binin-ger and Abraham B. Clark adjudged bankrupts. Decree for petitioners. Case • No. 6,058. This was a review of an adjudication of bankruptcy made by the district court, after a trial by a jury. The charge of the district judge (Blatchford, District Judge) to the jury was as follows: The 39th section of the bankruptcy act [March 2, 1867; 14 Stat. 536] provides, that any person residing within the jurisdiction of the United…
1Opinion of the Court
WOODRUFF, Circuit Judge.
Abraham Bininger and Abraham B. Clark composed the firm of Abraham Bininger & Co., who, for many years, carried on business in this city as merchants and traders. On the petition of William J. Hardy and others, creditors of the firm, they were, on the 22d of December, 1809, decreed bankrupt, and Clark has brought into this court for review the proceedings had in the district court upon that petition, and the decree pronounced thereon.
The petition, as originally filed, alleged, as acts of bankruptcy, that Bininger and Clark had fraudulently stopped, and had not resumed,…
2Cited by4 opinions
- Stearns v. FlickDistrict Court, S.D. Ohio · 1900
- In re Varick BankDistrict Court, S.D. New York · 1903
- Vallely v. GalbraithDistrict Court, D. North Dakota · 1918
- Haas v. O'BrienNew York Court of Appeals · 1876