In re Douglas Coal & Coke Co.
District Court, E.D. Tennessee
In Bankruptcy. On petition in involuntary bankruptcy. The following is the report of D. L. Grayson, special master: Pursuant to the general order of reference, referring all issues in involuntary bankruptcy cases to the undersigned, as master, to report upon the facts as well as the conclusions of law raised by the issues presented in such cases, the undersigned would respectfully report with regard to the above ease as follows: Original Petition.
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In Bankruptcy. On petition in involuntary bankruptcy. The following is the report of D. L. Grayson, special master: Pursuant to the general order of reference, referring all issues in involuntary bankruptcy cases to the undersigned, as master, to report upon the facts as well as the conclusions of law raised by the issues presented in such cases, the undersigned would respectfully report with regard to the above ease as follows: Original Petition. The original petition in this matter, which was filed on January 6, 1904, charges a single act of bankruptcy as committed by the defendant company,…
1Opinion of the Court
CLARK, District Judge.
In regard to this case, it is only necessary to say shortly that in view of the language of the act of Congress, and the changes which were deliberately made in the provisions of the act while it was before the Senate judiciary committee, I am constrained to affirm the ruling of the referee, and for the reasons which he states. There is no doubt in this case about insolvency being established, in the legal sense; but Congress has used such language as makes it necessary that a receivership in a state court, in order to constitute an act of bankruptcy, must have been…
2Cases cited1 opinion
- Blue Mountain Iron & Steel Co. v. PortnerCourt of Appeals for the Fourth Circuit · 1904
3Cited by16 opinions
- Cincinnati Equipment Co. v. DegnanCourt of Appeals for the Sixth Circuit · 1910
- Exploration Mercantile Co. v. Pacific Hardware & Steel Co.Court of Appeals for the Ninth Circuit · 1910
- In re Edward Ellsworth Co.District Court, W.D. New York · 1909
- In re Connecticut Brass & Mfg. Corp.District Court, D. Connecticut · 1919
- In re E. T. Russell Co.District Court, D. Massachusetts · 1923
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