Legal Opinion

Swartz v. Frank

Supreme Court of Missouri

Decided July 1, 1904PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court . — Hon. E. D. Wood, Judge. (1) The court erred in fending that the insolvency of Siegel-Hillman Dry Goods Company had not been shown within the meaning of the bankruptcy act. An adjudication of bankruptcy establishes the bankrupt’s insolvency. Calkins v. Bank, 73 S. W. 1098; Landis v. McDonald, 88 Mo.

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Appeal from St. Louis City Circuit Court . — Hon. E. D. Wood, Judge. (1) The court erred in fending that the insolvency of Siegel-Hillman Dry Goods Company had not been shown within the meaning of the bankruptcy act. An adjudication of bankruptcy establishes the bankrupt’s insolvency. Calkins v. Bank, 73 S. W. 1098; Landis v. McDonald, 88 Mo. App. 349. (2) The evidence showed that as a matter of fact the Siegel-Hillman Dry Goods Company was insolvent on December 19,1899. (3) The court erred in refusing to admit the inventory taken of the stock of goods of the Siegel-Hillman Dry Goods Company.…

1Opinion of the CourtMarshall, J.

This is a ,bill in equity to recover $5,100 alleged to have been paid to the defendant, by Siegel-Hillman Dry Goods Company, as a preference. The suit is brought under the bankrupt act of 1898, by Swartz, the trustee in bankruptcy of said com*442pany. The trial court dismissed the hill on the ground that the insolvency of the Siegel-Hillman Dry Goods Company had not been shown within the meaning of the bankrupt act, and the plaintiff appealed. As this is a proceeding in equity, and as no instructions were asked or given, the facts and the law will be considered together.

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The Siegel-Hillman Dry…

2Cases cited5 opinions

  1. West Co. v. LeaSupreme Court of the United States · 1899
  2. City National Bank of Greenville v. BruceCourt of Appeals for the Fourth Circuit · 1901
  3. In re WolfDistrict Court, N.D. Iowa · 1899
  4. Martyn v. CurtisSupreme Court of Vermont · 1894
  5. Jarvis v. VanderfordSupreme Court of North Carolina · 1895

3Cited by4 opinions

  1. In Re Parklex Associates, Inc.United States Bankruptcy Court, S.D. New York · 2010
  2. Staunton v. WoodenCourt of Appeals for the Ninth Circuit · 1910
  3. Cardinale Ex Rel. Cardinale v. KempSupreme Court of Missouri · 1925
  4. Swearingen v. Wabash RailroadSupreme Court of Missouri · 1909

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