Dempster v. Waters Pierce Oil Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Southeastern Division of the Eastern District of Missouri, in Bankruptcy. On April 10, 1908, a petition in involuntary bankruptcy was filed in the District Court for the Southern District of New York, against the Hudson Valley Bead Company, a corporation organized under the laws of that state, asking that it be adjudged bankrupt upon its confession in writing that it was insolvent and unable to pay its debts.
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Appeal from the District Court of the United States for the Southeastern Division of the Eastern District of Missouri, in Bankruptcy. On April 10, 1908, a petition in involuntary bankruptcy was filed in the District Court for the Southern District of New York, against the Hudson Valley Bead Company, a corporation organized under the laws of that state, asking that it be adjudged bankrupt upon its confession in writing that it was insolvent and unable to pay its debts. The following day the court appointed Harry Arnold receiver of the property of the corporation and authorized him to conduct…
1Opinion of the CourtAmidon, District Judge
(after stating the facts as above). The appellant mainly contends that the written admission of the corporation that it was insolvent and unable to pay its debts was collusive, and that the adjudication in bankruptcy in New York was without authority of law. This is a collateral attack upon the judgment of the New York court, which cannot be permitted. When the petition in bankruptcy in that court was filed, it was a caveat to all the world, and the appellant here was thereby made a part}'' to that proceeding. If in his judgment is was without authority of law, or the petition was collusive,…
2Cases cited27 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Hale v. AllinsonSupreme Court of the United States · 1903
- Bryan v. BernheimerSupreme Court of the United States · 1901
- In Re Wood and HendersonSupreme Court of the United States · 1908
- Lathrop v. DrakeSupreme Court of the United States · 1876
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3Cited by22 opinions
- Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- Fidelity Trust Co. v. GaskellCourt of Appeals for the Eighth Circuit · 1912
- In Re Greyling Realty CorporationCourt of Appeals for the Second Circuit · 1935
- Staunton v. WoodenCourt of Appeals for the Ninth Circuit · 1910
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