Chapman v. Brewer
Supreme Court of the United States
APPEAL PROM THE OIROUIT COURT OP THE UNITED STATES POE THE WESTERN DISTRICT OP MICHIGAN. On the 10th of October, 1873, John Whittlesey, a creditor of Benjamin 0. Hoyt and Enoch C. Hoyt, copartners under the name of B. C. Hoyt & Son, filed a petition in bankruptcy, in the District Court of the United States for the Western District of Michigan, praying that the said two persons, “ partners as aforesaid,” might be declared bankrupts.
Read the full summary
APPEAL PROM THE OIROUIT COURT OP THE UNITED STATES POE THE WESTERN DISTRICT OP MICHIGAN. On the 10th of October, 1873, John Whittlesey, a creditor of Benjamin 0. Hoyt and Enoch C. Hoyt, copartners under the name of B. C. Hoyt & Son, filed a petition in bankruptcy, in the District Court of the United States for the Western District of Michigan, praying that the said two persons, “ partners as aforesaid,” might be declared bankrupts. The petition contained the prescribed allegations, and set forth, as the demand of the petitioner, a promissory note made by the partnership, in its firm name, to…
1Opinion of the CourtJustice Blatohfoed
After stating the facts in the foregoing language, he continued :
The principal question considered by the Circuit Court,, as appears from its opinion, accompanying, the record, was, whether, the judgment and levies in the suit in the State court being prior to the appointment of the assignee in bankruptcy, although that suit was not begun till’after the first petition in bankruptcy was filed, the Circuit Court bad authority to enjoin a sale of the lands on the executions.
The appellant takes the points, that nothing appears to have been done under the first petition in bankruptcy ; that no…
2Cases cited22 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Freeman v. HoweSupreme Court of the United States · 1861
- Case of Broderick's WillSupreme Court of the United States · 1875
- Cummings v. National BankSupreme Court of the United States · 1880
- Krippendorf v. HydeSupreme Court of the United States · 1884
17 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- Moran v. SturgesSupreme Court of the United States · 1894
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Hall v. BurrSupreme Court of the United States · 1914
- Wehrman v. ConklinSupreme Court of the United States · 1894
46 more not listed; retrieve them via the Exa API.