In re C. Moench & Sons Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. This cause comes here upon appeal from a judgment of the District Court, Western District of New York, adjudicating the C. Moench & Sons Company bankrupt. The appellant, Eliot National Bank, is a creditor holding an attachment issued by a Massachusetts court, and levied upon property in that state, which attachment and levy.would be wiped out if this adjudication is sustained.
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Appeal from the District Court of the United States for the Western District of New York. This cause comes here upon appeal from a judgment of the District Court, Western District of New York, adjudicating the C. Moench & Sons Company bankrupt. The appellant, Eliot National Bank, is a creditor holding an attachment issued by a Massachusetts court, and levied upon property in that state, which attachment and levy.would be wiped out if this adjudication is sustained. The bankrupt is a New York stock corporation engaged in the business of tanning leather. On March 19, 1903, upon a petition made…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). It is contended that the District Court did not have jurisdiction to adjudicate the corporation a bankrupt, because the res was in the possession of the state court. Many cases are cited, all of which deal with the custody of the property — a question which will probably hereafter arise in this proceeding — -but none of which have any application to a decree merely adjudicating bankruptcy. We have no doubt that the District Court has jurisdiction to adjudicate any person a bankrupt who may under section 4 become one, and who has committed an act of…
2Cases cited11 opinions
- West Co. v. LeaSupreme Court of the United States · 1899
- Rogers v. . PellNew York Court of Appeals · 1898
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
- In re Marine Machine & Conveyor Co.District Court, S.D. New York · 1899
- In re T. L. Kelly Dry-Goods Co.District Court, E.D. Wisconsin · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In re Wm. S. Butler & Co.Court of Appeals for the First Circuit · 1913
- Struthers Furnace Co. v. GrantCourt of Appeals for the Sixth Circuit · 1929
- In re American & British Mfg. Corp.District Court, D. Connecticut · 1924
- Tiffany v. La Plume Condensed Milk Co.District Court, M.D. Pennsylvania · 1905
- Woolsey v. Security Trust Co.Court of Appeals for the Fifth Circuit · 1934
27 more not listed; retrieve them via the Exa API.