In re Empire Metallic Bedstead Co.
District Court, N.D. New York
In Bankruptcy. On motion for adjudication in involuntary bankruptcy. The following are the report and opinion of the referee in bankruptcy (William H. Hotchkiss, Beferee); This is an issue referred to me by stipulation of all parties, on an order of the district court bidding me to report on the facts, with my opinion. There is practically no dispute as to the facts. Indeed, those that are essential to a decision of the main question at issue are stipulated.
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In Bankruptcy. On motion for adjudication in involuntary bankruptcy. The following are the report and opinion of the referee in bankruptcy (William H. Hotchkiss, Beferee); This is an issue referred to me by stipulation of all parties, on an order of the district court bidding me to report on the facts, with my opinion. There is practically no dispute as to the facts. Indeed, those that are essential to a decision of the main question at issue are stipulated. The alleged bankrupt is a manufacturing corporation organized under the laws of the state of New York. Finding itself to be insolvent,…
1Opinion of the Court
COXE, District Judge.
The Empire Metallic Bedstead Company is a manufacturing corpora lion organized under the laws of New York. In April last i lie directors made application, under the provisions of the New York Code of Civil Procedure, for its voluntary dissolution. A receiver was appointed by the state supreme court and duly qualified as required by law. A petition in involuntary bankruptcy was thereafter filed by certain creditors alleging, inter alia, that the proceedings in the state court constituted an act of bankruptcy. The corporal ion answered denying that it had committed an aid:…
2Cases cited1 opinion
- Lea v. George M. West Co.District Court, E.D. Virginia · 1899
3Cited by5 opinions
- Vaccaro v. Security BankCourt of Appeals for the Sixth Circuit · 1900
- In re Baker-Ricketson Co.District Court, D. Massachusetts · 1899
- In re Peter Paul Book Co.District Court, W.D. New York · 1900
- In re Henry Zeltner Brewing Co.District Court, S.D. New York · 1902
- In re Varick BankDistrict Court, S.D. New York · 1903