Legal Opinion · Dissent

Chicago Title & Trust Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp.

Supreme Court of the United States

Decided November 15, 1937No. Nos. 23 and 24Published

1DissentJustice Cardozo

I am unable to concur in the opinion of the Court.

1. Respondent, though dissolved, was still a corporation in such a sense and to such a degree as to have capacity to maintain a proceeding in bankruptcy for the liquidation of its assets.

By Bankruptcy Act § 4, 11 U. S. C. § 22 (a), any corporation, with exceptions not now material, may become a voluntary bankrupt.

By Bankruptcy Act § 1 (6), 11 U. S. C. § 1 (6), “ ‘corporations’ shall mean all bodies having any of the powers and privileges of private corporations not possessed by individuals or partnerships. . . .”

Respondent, when it filed its…

2Cases cited9 opinions

  1. Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
  2. Tennessee Publishing Co. v. American National BankSupreme Court of the United States · 1936
  3. Life Ass'n of America v. FassettIllinois Supreme Court · 1882
  4. In re American & British Mfg. Corp.District Court, D. Connecticut · 1924
  5. Singer & Talcott Stone Co. v. HutchinsonIllinois Supreme Court · 1898

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