In re Independent Machine & Tool Corp.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the Independent Machine & Tool Corporation, Incorporated, alleged bankrupt. On an involuntary petition in bankruptcy against the alleged bankrupt a receiver was 'appointed.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the Independent Machine & Tool Corporation, Incorporated, alleged bankrupt. On an involuntary petition in bankruptcy against the alleged bankrupt a receiver was 'appointed. The alleged bankrupt having been found solvent, the petition was dismissed, .and the receiver directed to turn over to the alleged bankrupt all its property, except so much as might be necessary to pay obligations incurred in performing the duties of the receivership; and the alleged bankrupt…
1Opinion of the Court
WARD, Circuit Judge.
October 3, 1917, a petition in involuntary bankruptcy was filed against the Independent Machine & Tool Corporation, Incorporated, and on the same day the petitioning creditors applied to the court for the appointment of a receiver, without giving any bond. An order on consent, was made appointing Bertha Rem*485Imigli temporary receiver, reciting that the appointment was necessary to preserve the assets. October 9 the alleged bankrupt demanded a jury trial. December 22, the jury having found that the alleged bankrupt was solvent, Judge Mantón entered an order dismissing the…
2Cases cited2 opinions
- In re Oakland Lumber Co.Court of Appeals for the Second Circuit · 1909
- In re LacovCourt of Appeals for the Second Circuit · 1905
3Cited by4 opinions
- Burnrite Coal Briquette Co. v. RiggsSupreme Court of the United States · 1927
- First Nat. Bank v. Southern Cotton Oil Co.Court of Appeals for the Fifth Circuit · 1936
- In re Hurlburt Motors, Inc.District Court, S.D. New York · 1920
- In re ElgotDistrict Court, S.D. New York · 1924