In re Charles Town Light & Power Co.
District Court, N.D. West Virginia
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
- Queen Insurance v. StateTexas Supreme Court · 1893
- In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
- Beggs v. Edison Electric Illuminating Co.Supreme Court of Alabama · 1892
- In re New York & W. Water Co.District Court, S.D. New York · 1900
- People Ex Rel. Brush Electric Manufacturing Co. v. WempleNew York Court of Appeals · 1892
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