In re Von Borcke
District Court, D. New Jersey
In Bankruptcy. Wolf S. A. Von Borcke, the alleged bankrupt, gave a chattel mortgage on his property to a trustee to secure certain of his creditors; the same being dated October 31, 1898, and recorded November 3, 1898. A petition in involuntary bankruptcy against him, alleging the giving of such mortgage as an act of bankruptcy, was placed in the hands of the clerk of the district court, at his residence, at 8 o’clock in the evening of March 3, 1899, and was taken by the…
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In Bankruptcy. Wolf S. A. Von Borcke, the alleged bankrupt, gave a chattel mortgage on his property to a trustee to secure certain of his creditors; the same being dated October 31, 1898, and recorded November 3, 1898. A petition in involuntary bankruptcy against him, alleging the giving of such mortgage as an act of bankruptcy, was placed in the hands of the clerk of the district court, at his residence, at 8 o’clock in the evening of March 3, 1899, and was taken by the clerk to his office on the following day. Counsel for the bankrupt, contending that the petition had not been “filed”…
1Opinion of the Court
KIRKPATRICK, District Judge.
It appears from the testimony which has been taken in this matter, and from the file mark on the papers, that the petition for the adjudication of Von Borcke as a bankrupt was delivered to the clerk of this court, in person, on the third day of March last, at 8 o’clock p. m. It is beyond dispute that the clerk was the proper officer to receive the petition, and there is no denial of the fact that it was delivered to, and received by, him for the purpose of being kept on file. “A paper is said to be on file when it is delivered to the proper officer to be kept- on…
2Cases cited1 opinion
- People's Sav. Bank & Trust Co. v. Batchelder Egg Case Co.Court of Appeals for the Eighth Circuit · 1892
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- Lewis-Hall Iron Works v. BlairCourt of Appeals for the D.C. Circuit · 1928
- McCord v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1941
- United States v. LombardoDistrict Court, W.D. Washington · 1915
- Martin v. SodenIdaho Supreme Court · 1958
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