Legal Opinion

In re Glory Bottling Co., of New York, Inc.

Court of Appeals for the Second Circuit

Decided May 22, 1922No. 318PublishedCited by 8 opinions

1Opinion of the Court

MAYER, Circuit Judge,

(after stating the facts as above). It will be noted that the original petition in involuntary bankruptcy was deliberately abandoned by the three creditors who filed it. When the petition was dismissed for failure to comply with the conditions of the order permitting the filing of an amended petition, the Glory Company was in the same position as any other person or corporation doing business unembarrassed by the bankruptcy court. Merchants could buy and sell their goods upon that assumption, and were entitled to rely upon the fact that bankruptcy proceedings were ended.…

2Cases cited5 opinions

  1. Sandusky v. National BankSupreme Court of the United States · 1875
  2. In re Diamond Fuel Co.Court of Appeals for the Second Circuit · 1922
  3. In re HollinsCourt of Appeals for the Second Circuit · 1916
  4. In re BolognesiCourt of Appeals for the Second Circuit · 1915
  5. Van Derveer v. Phillips & Buttorff Mfg. Co.Court of Appeals for the Fifth Circuit · 1902

3Cited by8 opinions

  1. Webster v. Barnes Banking Co.Court of Appeals for the Tenth Circuit · 1940
  2. Kroell v. New York Ambassador, Inc.Court of Appeals for the Second Circuit · 1939
  3. Sales v. Samac Motor Corp.Supreme Court of Puerto Rico · 1965
  4. In Re Fox West Coast TheatresDistrict Court, S.D. California · 1936
  5. Globe Paper Co. v. Morris Travis Drug Co.Court of Appeals for the Sixth Circuit · 1940

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