In re Price
District Court, S.D. New York
In Bankruptcy. In the matter of Joseph J. Price, bankrupt. On, motion of the Wyoming Apartment Company to dismiss the voluntary petition in bankruptcy for lack of jurisdiction. In this case the bankrupt is a traveling salesman for one Glass, of White stroet, in the city of New York. His only compensation consists of commission on sales, which average about §700 a year. The territory in which he does business is throughout the United States.
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In Bankruptcy. In the matter of Joseph J. Price, bankrupt. On, motion of the Wyoming Apartment Company to dismiss the voluntary petition in bankruptcy for lack of jurisdiction. In this case the bankrupt is a traveling salesman for one Glass, of White stroet, in the city of New York. His only compensation consists of commission on sales, which average about §700 a year. The territory in which he does business is throughout the United States. He is concededly a resident of New Jersey. His only business consists of being a salesman, and ho spends more than half his time upon the road. Although…
1Opinion of the CourtLearned Hand, District Judge
(after- stating the "facts as above). If the bankrupt has any place of business whatever, there can he no doubt that New York is the principal one. Here he returns, and here he spends most of his time. I am disposed to interpret the phrase “place of business” in accordance with In re Eipphart (D. C.) 201 Fed. 103, a decision rendered in this .district. Remington in his second edition, § 35 (volume 1, page 63), criticizes this decision, and his is a high authority, yet it seems to me somewhat to force the natural 'use ol language to say that “a clerk, even, is a business man,” though it is…
2Cases cited1 opinion
- In re LipphartDistrict Court, S.D. New York · 1912
3Cited by6 opinions
- Higgins v. State Loan Co.Court of Appeals for the D.C. Circuit · 1940
- In Re VannUnited States Bankruptcy Court, E.D. Pennsylvania · 1980
- In Re CanavosUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- In re L. F. Popell Co.District Court, S.D. New York · 1963
- Wientge v. Marine Trust Co.Court of Appeals for the Second Circuit · 1936
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