Legal Opinion

Beekman Lumber Co. v. Acme Harvester Co.

Supreme Court of Missouri

Decided December 16, 1908PublishedCited by 17 opinions

Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judg’e. The court in which the petition was filed had jurisdiction to adjudge the corporation a bankrupt. Sec. 2, subd. 1, National Bankruptcy Law. “The filing of the petition in bankruptcy was a caveat to all the world. It was in effect a caveat and an injunction.

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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judg’e. The court in which the petition was filed had jurisdiction to adjudge the corporation a bankrupt. Sec. 2, subd. 1, National Bankruptcy Law. “The filing of the petition in bankruptcy was a caveat to all the world. It was in effect a caveat and an injunction. Thereafter all the property rights of the debtors were ipso facto in abeyance until the final adjudication. . . . No matter where the property of the bankrupt estate may have its situs, if within the United States, it passes to and vests in the trustee-. . . . Under the…

1Opinion of the Court

GANTT, O. J.

This cause originated in the circuit court of Jackson county, December 2, 1903, in which the plaintiff, a corporation organized under the laws of the State of Missouri, sought to recover of defendant, a corporation organized under the laws of Illinois, and having its chief office and place of business at Peoria in said State, $1,453.58 for lumber sold and delivered by the plaintiff to the defendant, an itemized account of which was annexed to and filed with the petition. On December 24, 1903, a motion was filed by the defendant to stay the proceedings on the ground that there was…

2Cases cited16 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Toland v. SpragueSupreme Court of the United States · 1838
  3. Tullock v. MulvaneSupreme Court of the United States · 1902
  4. Dupasseur v. RochereauSupreme Court of the United States · 1875
  5. Jones v. AndrewsSupreme Court of the United States · 1870

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3Cited by17 opinions

  1. Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
  2. Meffert v. LawsonSupreme Court of Missouri · 1926
  3. United States ex rel. First National Bank v. LufcySupreme Court of Missouri · 1932
  4. Hamra v. Boone County Development Co.Missouri Court of Appeals · 1980
  5. Moore v. McHaneyMissouri Court of Appeals · 1915

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