Legal Opinion

Friday v. Hall & Kaul Co.

Supreme Court of the United States

Decided February 21, 1910No. 68PublishedCited by 20 opinions

CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE THIRD CIRCUIT. The Monongahela Construction Company, a corporation organized under the iaw of Pennsylvania, was, in an involuntary proceeding; adjudged a bankrupt in the District Cóürt .for the Western District of Pennsylvania.

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CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE THIRD CIRCUIT. The Monongahela Construction Company, a corporation organized under the iaw of Pennsylvania, was, in an involuntary proceeding; adjudged a bankrupt in the District Cóürt .for the Western District of Pennsylvania. Upon a petition for review, filed by a judgment creditor, the adjudication was set aside upon the ground that the construction company was not “a "corporation -engaged principally in manufacturing,” as found by tl;ie bankrupt court. The opinion of the Circuit Court of Appeals is reported in 158 Fed. Rep. 593. From the…

1Opinion of the CourtJustice Lurton

Section four of the Bankrupt Act, as amended by §3 of the act of February 5, 1903, c. 487, 32 Stat. 797, reads thus:

“Any natural person,1 except a wage-earner, or a person engaged chiefly .in farming or the tillage of the soil, any unincorporated company, and any corporation engaged principally in manufacturing, trading/printing, publishing, mining or mercantile pursuits, owing debts to the amount of one thousand dollars or over-, may be adj udged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the provisions and entitled to the benefits of this act.…

2Cases cited2 opinions

  1. Kidd v. PearsonSupreme Court of the United States · 1888
  2. Tide Water Oil Co. v. United StatesSupreme Court of the United States · 1898

3Cited by20 opinions

  1. Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
  2. Connecticut Sand & Stone Corporation v. Zoning Board of AppealsSupreme Court of Connecticut · 1963
  3. Morrison-Kudson Co. v. State Board of EqualizationWyoming Supreme Court · 1943
  4. Assessors of Boston v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1949
  5. Commonwealth v. McCrady-rodgers Co.Supreme Court of Pennsylvania · 1934

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