In re Tidewater Coal Exchange
District Court, S.D. New York
In Bankruptcy. In the matter of the Tidewater Coal Exchange, bankrupt. On objection to the jurisdiction of the court. A petition in bankruptcy was filed by three persons alleging themselves to be creditors of the Tidewater Coal Exchange asking an involuntary adjudication against this association.
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In Bankruptcy. In the matter of the Tidewater Coal Exchange, bankrupt. On objection to the jurisdiction of the court. A petition in bankruptcy was filed by three persons alleging themselves to be creditors of the Tidewater Coal Exchange asking an involuntary adjudication against this association. Certain parties, claiming an interest in the result, ,intervened and objected to tlie adjudication on the ground that the alleged bankrupt was not an “unincorporated company” within the meaning of section 4b of the Bankruptcy Act (Comp. St. § 9588). The facts were stipulated and are as follows: On…
1Opinion of the Court
IJvARNFj) HAND, District Judge
(after stating the facts as above). [1] Both parties approach this question from a mistaken point of. view, in my judgment. They seem to suppose that an association must be an entity, recognized by the law as a legal person, in order to fall within the phrase “unincorporated company.” This is not in the least necessary, and if it were, I should find my jurisdiction extremely doubtful at best. “Associations” in our law have always had a tenuous and ambiguous status. Even partnerships, which are uniformly treated as persons in the civil law, remain with us composed…
2Cases cited10 opinions
- Francis v. McNealSupreme Court of the United States · 1913
- McCabe v. . GoodfellowNew York Court of Appeals · 1892
- Cleage v. LaidleyCourt of Appeals for the Eighth Circuit · 1906
- Burke v. RoperSupreme Court of Alabama · 1885
- In re Associated TrustDistrict Court, D. Massachusetts · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coyle v. Duncan Spangler Coal Co.District Court, E.D. Pennsylvania · 1923
- In Re Manufacturing Lumbermen's UnderwritersDistrict Court, W.D. Missouri · 1936
- Bobe v. LloydsCourt of Appeals for the Second Circuit · 1926
- Bobe v. LloydsCourt of Appeals for the Second Circuit · 1926