Toxaway Hotel Co. v. Smathers & Co.
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. From the facts certified it appears that the Toxaway Hotel Company was, in May, 1905, duly incorporated under the laws of Georgia.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH CIRCUIT. From the facts certified it appears that the Toxaway Hotel Company was, in May, 1905, duly incorporated under the laws of Georgia. Among the purposes of the company, as stated .in the application for incorporation, were these, “to conduct hotels for the accommodation of the public, . - . . to keep, manage, conduct and carry on the business of running hotels, cottages, inns and restaurants, with their usual an'd necessary adjuncts, including the running of billiard and pool rooms.," bowling alleys, buying arid selling…
1Opinion of the CourtJustice LurtoN
The act of 1867 applied to “all moneyed business or com mercial corporations and joint-stock companies.” The present act applies only to such corporations as'are “principally engaged” in certain" emimerated kinds of business. That of inn-keeping, though as old "as civilizátion, is not specifically enumerated. Unless, therefore, a corporation engaged in the business of hotel keeping is embraced within one or the other of those which are enumerated, it is not liable to an involuntary adjudication.
The contention is that this was a corporation- principally engaged in “trading”.or “mercantile…
2Cited by21 opinions
- Swift Co. v. . TempelosSupreme Court of North Carolina · 1919
- Lee v. the Cloverleaf, Inc.Supreme Court of Florida · 1937
- Brevoort Hotel Co. v. AmesIllinois Supreme Court · 1935
- Item Co. v. National Dyers & Cleaners, Ltd.Louisiana Court of Appeal · 1930
- In re HenningsenCourt of Appeals for the Second Circuit · 1924
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