Legal Opinion

In re Edward Ellsworth Co.

District Court, W.D. New York

Decided October 11, 1909No. 3,383PublishedCited by 17 opinions

In the matter of the Edward Ellsworth Company, an alleged bankrupt. On motion to enjoin sale of property.

1Opinion of the Court

HAZEL, District Judge.

This motion is to enjoin the sale of the assets of the Edward Ellsworth Company, a corporation, by receivers appointed in an equity action brought against it by contract creditors, until there can be an adjudication in bankruptcy on an involuntary petition filed by creditors subsequent to such appointment. The inquiry presented is whether the corporation proceeded against, by admitting the material allegations of the bill in the equity action and joining in the application for the appointment of receivers, can be held in a legal sense to have applied therefor pursuant to…

2Cases cited7 opinions

  1. Re Metropolitan Railway ReceivershipSupreme Court of the United States · 1908
  2. Ketchum v. DuncanSupreme Court of the United States · 1878
  3. Railway Co. v. StevensSupreme Court of the United States · 1878
  4. D. A. Tompkins Co. v. Catawba MillsU.S. Circuit Court for the District of South Carolina · 1897
  5. Blue Mountain Iron & Steel Co. v. PortnerCourt of Appeals for the Fourth Circuit · 1904

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Duparquet Huot & Moneuse Co. v. EvansSupreme Court of the United States · 1936
  2. Manufacturers' Finance Co. v. McKeySupreme Court of the United States · 1935
  3. In re Wm. S. Butler & Co.Court of Appeals for the First Circuit · 1913
  4. Cincinnati Equipment Co. v. DegnanCourt of Appeals for the Sixth Circuit · 1910
  5. In re Connecticut Brass & Mfg. Corp.District Court, D. Connecticut · 1919

12 more not listed; retrieve them via the Exa API.

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