Citizens' Bank of Salem v. W. C. De Pauw Co.
Court of Appeals for the Seventh Circuit
Appeal from tbe District Court of the United States for the District of Indiana. In Bankruptcy. In the matter of the petition of the Citizens’ Bank of Salem for an adjudication in bankruptcy against the W. O. De Pauw Company. On appeal from an order sustaining a demurrer to the petition.
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Appeal from tbe District Court of the United States for the District of Indiana. In Bankruptcy. In the matter of the petition of the Citizens’ Bank of Salem for an adjudication in bankruptcy against the W. O. De Pauw Company. On appeal from an order sustaining a demurrer to the petition. The action below was in bankruptcy, and was upon the petition of the Citizens’ hank of Salem, a corporation organized under the laws of the State of Indiana, to declare the W. C. Del’auw Company, also a corporation under the laws of Indiana, an involuntary bankrupt. The petition, with its amendments, sets…
1Opinion of the Court
After the foregoing statement of the case, GBOSSOUP, CircuitJudge, delivered the opinion of the court, as follows:
The provisions of the bankrupt act governing this case are as follows:
Section 3, (a), “Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them,” and (b) “A petition may be filed against a person who is insolvent and who has committed an act of bankruptcy within four months after the commission…
2Cited by4 opinions
- In re HavensCourt of Appeals for the Second Circuit · 1918
- In re Verona Const. Co.Court of Appeals for the Third Circuit · 1942
- In re Estate of Northwest Mills, Inc.District Court, W.D. Arkansas · 1968
- In re Napco Mfg. Co.District Court, D. Nebraska · 1947