Legal Opinion

In re Big Pines Lime & Transportation Co.

District Court, S.D. California

Decided March 3, 1919No. 3264PublishedCited by 1 opinion

Proceeding to have the Big Pines Lime & Transportation Company-adjudicated an involuntary bankrupt. On exceptions to the report of the special master.

1Opinion of the Court

TRIPPET, District Judge.

[1] This case requires an interpretation of subdivision 4, par. “a,” § 3, Bankruptcy Act July 1, 1898, c. 541, 30 Stat. 546 (Comp. St. § 9587). That provision provides that a person “being insolvent, applied for a receiver. * * * ” In this case the alleged bankrupt did not apply for a receiver. A suit was instituted against the bankrupt by one Rickershauser, in which the appointment of a receiver was prayed. Other creditors came in and then all parties stipulated that a receiver might be appointed. No receiver, however, was appointed. So the case cannot fall under the…

2Cited by1 opinion

  1. Haubtman & Loeb Co. v. Dunbar Molasses Co.Court of Appeals for the Fifth Circuit · 1926

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