In re Tybo Mining & Reduction Co.
U.S. Circuit Court for the District of Nevada
In Bankruptcy. Petition for appointment and recognition of John Lawton Butler as trustee. On May 2, 1904, the Eureka County Bank, Fletcher Bros., and P. H. Hjul, creditors of the Tybo Mining & Reduction Company, a corporation, filed a petition in this court praying that said corporation be adjudged a bankrupt.
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In Bankruptcy. Petition for appointment and recognition of John Lawton Butler as trustee. On May 2, 1904, the Eureka County Bank, Fletcher Bros., and P. H. Hjul, creditors of the Tybo Mining & Reduction Company, a corporation, filed a petition in this court praying that said corporation be adjudged a bankrupt. In this petition they state “that they are informed and believe, and upon such information and belief allege the fact to be, that heretofore, during the month of April, 1904, certain creditors of said bankrupt corporation residing in the state of Massachusetts petitioned the District…
1Opinion of the Court
HAWLEY, District Judge (orally).
The petition of Butler virtually supersedes the point raised by the demurrer, and presents other ques-tions to be determined herein. It is provided in the bankruptcy act of 1898 that the word “persons” shall include corporations, except when otherwise specified. Act July 1, 1898, c. 541, sube. 1, § 1 (19), 30 Stat. 545 [U. S. Comp. St. 1901, p. 3419]. Section 2 [U. S. Comp. St. 1901, p. 3420], in defining the jurisdiction of the bankruptcy courts, and defining their duties, provides, among other tilings, that they shall have power and authority to “(1) adjudge…
2Cases cited5 opinions
- In re Elmira Steel Co.District Court, N.D. New York · 1901
- In re WilliamsDistrict Court, W.D. Tennessee · 1903
- Dressel v. North State Lumber Co.District Court, E.D. North Carolina · 1901
- In re WaxelbaumDistrict Court, S.D. New York · 1899
- In re Magid-Hope Silk Mfg. Co.District Court, D. Massachusetts · 1901
3Cited by2 opinions
- In re Tybo Mining & Reduction Co.District Court, D. Maine · 1904
- In re Pick Barth Holding Corp.District Court, S.D. New York · 1933