In re De Camp Glass Casket Co.
Court of Appeals for the Sixth Circuit
Petition to Revise an Order of the District Court of the United States for the Southern Division of the Eastern District of Tennessee; Edward T. Sanford, judge. In the matter of voluntary proceedings in bankruptcy by the De Camp Glass Casket Company. The referee’s order overruling a motion to vacate the adjudication in bankruptcy was reversed by the District Judge, and the bankrupt and trustee in bankruptcy bring petition to revise.
1Opinion of the Court
KNAPPEN, Circuit Judge.
The De Camp Glass Casket Company, a corporation organized under the laws of Delaware for carrying on a manufacturing business, filed voluntary petition in bankruptcy pursuant to resolution therefor by its board of directors, and adjudication followed as of course. Thereupon certain of its stockholders moved to vacate the adjudication, on the ground, among' others, that the directors had no authority to file the petition therefor, and that their act was thus not that of the corporation. The referee overruled the motions to vacate. Upon review, the District Judge reversed…
2Cases cited30 opinions
- Zeitinger v. Hargadine-Mckittrick Dry Goods Co.Court of Appeals for the Eighth Circuit · 1917
- In re Guanacevi Tunnel Co.Court of Appeals for the Second Circuit · 1912
- Dana v. Bank of the United StatesSupreme Court of Pennsylvania · 1843
- In re C. Moench & Sons Co.Court of Appeals for the Second Circuit · 1904
- Home Powder Co. v. GeisCourt of Appeals for the Eighth Circuit · 1913
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3Cited by19 opinions
- Chicago Bank of Commerce v. CarterCourt of Appeals for the Eighth Circuit · 1932
- City Nat. Bank of Huron, SD v. FullerCourt of Appeals for the Eighth Circuit · 1931
- In Re Comscape Telecommunications, Inc.United States Bankruptcy Court, S.D. Ohio · 2010
- In re Ann Arbor Mach. Corp.Court of Appeals for the Sixth Circuit · 1921
- In Re Western Tool & Mfg. Co.Court of Appeals for the Sixth Circuit · 1944
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