Legal Opinion

In re Oregon Bulletin Printing & Pub. Co.

U.S. Circuit Court for the District of Oregon

Decided May 24, 1876PublishedCited by 2 opinions

[In error to the district court of the United States for the district of Oregon.] In September, 1S75, certain creditors filed a petition in bankruptcy in the district court against the Oregon Bulletin Printing and Publishing Company, a corporation organized under the laws of Oregon, in which they alleged that they constituted one-fourth in number of the creditors, and held one-third in amount of the aggregate provable debts of the corporation, the amount due them exceeding…

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[In error to the district court of the United States for the district of Oregon.] In September, 1S75, certain creditors filed a petition in bankruptcy in the district court against the Oregon Bulletin Printing and Publishing Company, a corporation organized under the laws of Oregon, in which they alleged that they constituted one-fourth in number of the creditors, and held one-third in amount of the aggregate provable debts of the corporation, the amount due them exceeding four thousand dollars; that within the preceding six months the corporation had committed several acts .of bankruptcy,…

1Opinion of the Court

SAWYER, Circuit Judge,

after stating the facts. The question is, whether under the statute, as it now stands, a corporation can be adjudged a bankrupt upon the petition of a single creditor, or any number less than one-fourth of the whole, and without regard to the amount of the debts.

The district judge, in an elaborate and very able opinion, which merits, and which has received, the most careful and respectful consideration, held the affirmative of the proposition. [Case No. 10,558.] On the other hand, in Be Leavenworth Savings Bank [Id. S,1G5], the district judge of the Second district of…

2Cases cited2 opinions

  1. Miners' Ditch Co. v. ZellerbachCalifornia Supreme Court · 1869
  2. New Lamp Chimney Co. v. Ansonia Brass & Copper Co.Supreme Court of the United States · 1876

3Cited by2 opinions

  1. United States v. AuffmordtDistrict Court, S.D. New York · 1884
  2. Bradshaw v. United StatesUnited States Court of Claims · 1878

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