Legal Opinion

In re Charles Town Light & Power Co.

District Court, N.D. West Virginia

Decided November 23, 1910PublishedCited by 16 opinions

In the matter of the Charles Town Tight & Power Company, alleged bankrupt. On petition in involuntary bankruptcy. Order of adjudication.

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In the matter of the Charles Town Tight & Power Company, alleged bankrupt. On petition in involuntary bankruptcy. Order of adjudication. A petition in involuntary bankruptcy was filed herein by G. J. Devore, a single creditor, alleging defendant to be a corporation, principally engaged in trading and mercantile pursuits, owing petitioner a debt of over $2,600, having less than 12 creditors, and with having committed acts of bankruptcy: (a) By causing to be recorded within four months of the filing of the petition a conveyance by mortgage or deed of trust all of its property to secure $18,000…

1Opinion of the CourtDayton, District Judge

(after stating the facts as above). Counsel for the. alleged bankrupt in argument now insists that this petition must be dismissed for two reasons: First, the petition is filed by a single creditor when more than 12 creditors are shown to exist. Second, because the alleged bankrupt corporation is not a trading company within the meaning and intent of the bankrupt act.

The first proposition can be readily disposed of. Section 59f of the act provides:

“Creditors other than original petitioners may at any time enter their appearance and join in the petition, or file an answer and be heard in…

2Cases cited21 opinions

  1. Queen Insurance v. StateTexas Supreme Court · 1893
  2. In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
  3. Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
  4. In re New York & W. Water Co.District Court, S.D. New York · 1900
  5. People Ex Rel. Brush Electric Manufacturing Co. v. WempleNew York Court of Appeals · 1892

16 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Canute Steamship Co. v. Pittsburgh & West Virginia Coal Co.Supreme Court of the United States · 1923
  2. Curry v. Alabama Power Co.Supreme Court of Alabama · 1942
  3. Pacificorp, Inc. v. Department of RevenueWyoming Supreme Court · 2017
  4. State Ex Rel. Winterfield v. Hardin County Rural Electric CooperativeSupreme Court of Iowa · 1939
  5. State Board of Equalization v. Stanolind Oil & Gas Co.Wyoming Supreme Court · 1939

11 more not listed; retrieve them via the Exa API.

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