Legal Opinion
Blair & Co. v. Foley
Court of Appeals for the Second Circuit
Decided December 11, 1972No. 144, Docket 72-1554PublishedCited by 3 opinions
1Opinion of the Court
FRIENDLY, Chief Judge:
This appeal raises an interesting question concerning the interpretation of § 3a(5) of the Bankruptcy Act. Under that subsection it is an act of bankruptcy if any person(5) while insolvent or unable to pay his debts as they mature, procured,permitted, or suffered voluntarily or involuntarily the appointment of a receiver or trustee to take charge of his property.
Blair & Co., Inc. (Blair), a Delaware corporation, was engaged in the general brokerage and commission business, with its principal office in New York City. It was a member of the New York Stock Exchange (NYSE)…
2Cases cited12 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Cook v. TullisSupreme Court of the United States · 1874
- In re Wm. S. Butler & Co.Court of Appeals for the First Circuit · 1913
- Mellon v. Michigan Trust Co.Supreme Court of the United States · 1926
- Ledbetter v. Farmers Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1944
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3Cited by3 opinions
- In Re Crateo, Inc., Bankrupt. Crateo, Inc. v. Intermark, Inc.Court of Appeals for the Ninth Circuit · 1976
- Neuwirth Investment Fund, Ltd. v. SwantonDistrict Court, S.D. New York · 1975
- Blair & Co., Inc. v. FoleyCourt of Appeals for the Second Circuit · 1973