Legal Opinion

In Re Bancunity Corporation

District Court, S.D. New York

Decided December 31, 1929PublishedCited by 5 opinions

1Opinion of the Court

WOOLSEY, District Judge.

The motion for an order adjudicating the Baneunity Corporation a bankrupt is granted.

The petitioning creditors should apply forthwith to the judge sitting in bankruptcy for -the appointment of a receiver of the bankrupt.

The only question of general interest here involved is whether the petitioning creditors, having been stockholders, had the right under the Bankruptcy Act of 1898, as amended (11 USCA), to file an involuntary petition against the bankrupt.

That is a question of law to be. determined on the faets found 'by the special master, whose findings of fact, as he…

2Cases cited16 opinions

  1. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  2. Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
  3. Crawford v. BurkeSupreme Court of the United States · 1904
  4. Schall v. CamorsSupreme Court of the United States · 1920
  5. Newton Nat. Bank v. NewbeginCourt of Appeals for the Eighth Circuit · 1896

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re S. W. Straus & Co.Court of Appeals for the Second Circuit · 1933
  2. In re StarkDistrict Court, S.D. New York · 1931
  3. Cawthon v. Bancokentucky Co.District Court, W.D. Kentucky · 1931
  4. In re D. W. F., Inc.District Court, S.D. New York · 1940
  5. Bailen v. DietrickDistrict Court, D. Massachusetts · 1935

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