E. B. Badger Co. v. Arnold
Court of Appeals for the First Circuit
Appeal from the 'District Court of the United States for the Dis- ■ trict of Massachusetts; James M. Morton, Judge. In the matter of the Winnisimmet Shipyard, Inc., alleged bankrupt. From a decree dismissing the petition on motion of Edmund K. Arnold and others, the E. B. Badger Company and others, petitioners, appeal.
1DissentAnderson, Circuit Judge
With the conclusion of the majority—that in our former opinion we placed too strict an interpretation upon the allegation of insolvency in the bankruptcy petition, —I concur. But from the rest of the opinion and from its result I dissent. The case involves, I think, an error in procedure sufficiently important to warrant a brief statement.
The court is reversing and remanding for rehearing when, as the record before us conclusively shows, there is nothing to rehear, and when the decision below is in effect held to be right. We are thus disregarding the Act of February 26, 1919, 40 Stat. 1181,…
2Cases cited3 opinions
- In re Wm. S. Butler & Co.Court of Appeals for the First Circuit · 1913
- In re Connecticut Brass & Mfg. Corp.District Court, D. Connecticut · 1919
- Gaston, William & Wigmore S. S. Corp. v. Cunard S. S. Co.District Court, S.D. New York · 1920