In re Belfast Mesh Underwear Co.
District Court, D. Connecticut
In Bankruptcy. On report of special master. On September 28, 1906, a petition was filed in the District Court in proper form, asking that respondent corporation be adjudicated a bankrupt. The pleadings therein raised two distinct issues. First. Was said respondent corporation insolvent at the time of the filing of the petition and at the time when it is alleged that it committed an act of bankruptcy? Second.
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In Bankruptcy. On report of special master. On September 28, 1906, a petition was filed in the District Court in proper form, asking that respondent corporation be adjudicated a bankrupt. The pleadings therein raised two distinct issues. First. Was said respondent corporation insolvent at the time of the filing of the petition and at the time when it is alleged that it committed an act of bankruptcy? Second. Did the respondent corporation commit an act of bankruptcy, in that on or about the 4th day of August, 1906, a receiver of said corporation was appointed because of its insolvency, which…
1Opinion of the CourtPlatt, District Judge
(after stating the facts). The only decision in this circuit which offers aid in reaching a conclusion upon the matter under consideration is In re Spalding, 139 Fed. 245, 71 C. C. A. 270. The law of New York under which, in that case, a receiver was appointed to take charge of Spalding’s property, did not cover insolvency as a jurisdictional fact. The creditors’ petition therein was granted upon other - distinct grounds, and insolvency was only brought in incidentally, and could not influence, much less control, the judgment. In New York a corporation could have been proceeded against…
2Cases cited1 opinion
- Electric Boot & Shoe Finishing Co. v. LittleCourt of Appeals for the First Circuit · 1905
3Cited by2 opinions
- In re Adams & Hoyt Co.District Court, N.D. Georgia · 1908
- In re Pickens Mfg. Co.District Court, N.D. Georgia · 1908