In re Hines
District Court, D. Oregon
In Bankruptcy. Several creditors of S. E. Hines, of North Bend, Coos county, Or., on January 25, 1905, filed their petition in court charging him with having committed an act of bankruptcy, in that, while insolvent, and on January 17, 1905, he suffered a judgment to be obtained against him in the sum of $2,030, upon which execution has been issued and certain property of defendant levied upon, and that defendant has not vacated or discharged the same.
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In Bankruptcy. Several creditors of S. E. Hines, of North Bend, Coos county, Or., on January 25, 1905, filed their petition in court charging him with having committed an act of bankruptcy, in that, while insolvent, and on January 17, 1905, he suffered a judgment to be obtained against him in the sum of $2,030, upon which execution has been issued and certain property of defendant levied upon, and that defendant has not vacated or discharged the same. The defendant controverts these allegations, and avers that his property, at a fair valuation, is worth $3,000 in excess of his indebtedness or…
1Opinion of the Court
WOLVERTON, District Judge.
The single question presented by counsel for the creditors for consideration is: Was the defendant insolvent' when the j udgment was entered against him and levy made in pursuance of the execution issued thereon ? If he was, he is guilty *143of the act of bankruptcy charged; if not, the petition should be dismissed. In re Rome Planing Mill (D. C.) 96 Fed. 812.
By the first section (subdivision 15) of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3419], See Collier on Bankruptcy [4th Ed.] p. 2.) a person is deemed insolvent whenever…
2Cases cited6 opinions
- Duncan v. LandisCourt of Appeals for the Third Circuit · 1901
- In re Rome Planing MillDistrict Court, N.D. New York · 1899
- Bloch v. FarjeonCourt of Appeals for the Second Circuit · 1901
- In re BaumannDistrict Court, W.D. Tennessee · 1899
- In re CoddingtonDistrict Court, M.D. Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Kentucky Bank & Trust Co. v. PritchettSupreme Court of Oklahoma · 1914
- In re CrenshawDistrict Court, S.D. Alabama · 1907
- In Re Howard, Neilsen & Rush, Inc.United States Bankruptcy Court, M.D. Tennessee · 1979
- In Re Eastern Erectors, Inc.District Court, E.D. Pennsylvania · 1975
- In Re Utrecht Coal Co.Court of Appeals for the Second Circuit · 1933
11 more not listed; retrieve them via the Exa API.