In re Elk Park Mining & Milling Co.
District Court, D. Colorado
In Bankruptcy. This is a petition in involuntary bankruptcy against the Elk Park Hiaing & Milling Company, a corporation organized under the laws of the state of Colorado for the purpose of operating mining property in that state. The petitioning creditors allege that the debts set forth were contracted for mining supplies furnished to the respondent, and for and on account of labor and board of men employed in and about the mining property of the company. ,
1Opinion of the CourtHallett, District Judge
(orally). I do not think a mining corporation can be regarded as a trading corporation, or that it is in mercantile pursuits. The mention of printing and publishing companies seems to limit the class of corporations which congress had in mind. They are manufacturing companies, in a sense, and congress thought it necessary to- enumerate them. Certainly a mining company, which is organized for operating a mine and getting precious metals from it, cannot be said to be engaged in any species of trading. I think Judge Wellborn, in calling a sanitarium a trading corporation, was wrong. In re San…
2Cases cited2 opinions
- In re San Gabriel Sanatorium Co.District Court, S.D. California · 1899
- In re Cameron Town Mut. Fire, Lightning & Windstorm Ins. Co.District Court, W.D. Missouri · 1899
3Cited by8 opinions
- In re Surety Guarantee & Trust Co.Court of Appeals for the Seventh Circuit · 1902
- United States Hotel Co. v. NilesCourt of Appeals for the Sixth Circuit · 1904
- In re H. J. Quimby Freight Forwarding Co.District Court, D. Massachusetts · 1903
- In re White Star Laundry Co.District Court, E.D. Wisconsin · 1902
- In re Philadelphia & Lewes Transp. Co.District Court, E.D. Pennsylvania · 1902
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