In re Marvin
U.S. Circuit Court for the District of Eastern Missouri
[In review of the action of the district court for the Eastern district of Missouri.] A petition was filed, in February, 1871, in the district court for the Eastern district of Missouri, by creditors, under the 39th section of the bankrupt act [of 1867 (14 Stat. 536)] for .an adjudication of bankruptcy against William L. Marvin.
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[In review of the action of the district court for the Eastern district of Missouri.] A petition was filed, in February, 1871, in the district court for the Eastern district of Missouri, by creditors, under the 39th section of the bankrupt act [of 1867 (14 Stat. 536)] for .an adjudication of bankruptcy against William L. Marvin. Two acts of bankruptcy were charged: (1) That Marvin, being a merchant, on the 4th day of January, 1871, suspended and did not resume payment of his commercial paper within fourteen days, nor at any time thereafter. (2) That in January, 1871, Marvin being insolvent,…
1Opinion of the Court
DILLON, Circuit Judge,
referring to the somewhat unsatisfactory state of the authorities cited in the note, observed, that upon consideration, the court is of the opinion that a person who is so unsound in mind as to be wholly incapable of managing his affairs cannot in that condition commit an act for which he can be forced into bankruptcy by his creditors, against the objection of his guardian. Whether such a person, on the petition of himself or guardian, may, if insolvent, go into voluntary bankruptcy, I he court gives no opinion. Affirmed.
2Cited by2 opinions
- In re BurkaDistrict Court, W.D. Tennessee · 1901
- In re FunkDistrict Court, N.D. Iowa · 1900