Simonson v. Sinsheimer
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the District of Kentucky. For opinion of the court below, see 92 Fed. 904. This is an appeal from an adjudication in bankruptcy against the three partners of the firm of Simonson, Whiteson & Co. The appeal is prosecuted by one of the partners.
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Appeal from the District Court of the United States for the District of Kentucky. For opinion of the court below, see 92 Fed. 904. This is an appeal from an adjudication in bankruptcy against the three partners of the firm of Simonson, Whiteson & Co. The appeal is prosecuted by one of the partners. The defendants tendered an, answer to the petition some days after the time in which they were required to file one, and on motion for leave to file the same the court considered the question whether the answer contained a sufficient defense to the charge of bankruptcy, and found that it did not.…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). The objection to the petition that it was not properly verified was waived by a tender of the plea and answer on the merits. It is true that the plea and answer were not permitted to be filed, but they were offered and considered on their merits for the purpose of filing, and we think this is quite sufficient to hold that there was a waiver of defect in the form of the petition. The defect alleged • certainly does not affect the jurisdiction. Carriage Co. v. Stengel, 95 Fed. 637.
The second defense to the answer is that of a composition of debts of the…
2Cases cited13 opinions
- Mayer v. HellmanSupreme Court of the United States · 1876
- Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
- In re RomanowDistrict Court, D. Massachusetts · 1899
- In re GutwilligDistrict Court, S.D. New York · 1898
- In re CurtisCourt of Appeals for the Seventh Circuit · 1899
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3Cited by37 opinions
- Moulton v. CoburnCourt of Appeals for the First Circuit · 1904
- Utz & Dunn Co. v. Regulator Co.Court of Appeals for the Eighth Circuit · 1914
- Woolford v. Diamond State Steel Co.District Court, D. Delaware · 1905
- In re FarthingDistrict Court, E.D. North Carolina · 1913
- In re Salmon & SalmonDistrict Court, W.D. Missouri · 1906
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