Lackawanna Leather Co. v. La Porte Carriage Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. In the matter of bankruptcy proceedings of the Da Porte Carriage Company. From an order adjudging that the respondent was not a bankrupt and dismissing the petition, the Dackawanna Deather Company and others, petitioning creditors, appeal.
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Appeal from the District Court of the United States for the District of Indiana; Albert B. Anderson, Judge. In the matter of bankruptcy proceedings of the Da Porte Carriage Company. From an order adjudging that the respondent was not a bankrupt and dismissing the petition, the Dackawanna Deather Company and others, petitioning creditors, appeal. Appellants on November 12, 1912, filed their petition against the appellee, a corporation, alleging that appellee was insolvent and had on November 7, 1912, while insolvent, transferred a portion of its goods to one of its creditors with intent to…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). [1] Counsel for appellants urges with evident good faith that the decree must be reversed on account of appellee’s confession in its answer that it should be declared a bankrupt. This confession is said to be brought about by the wording of the answer to the effect that appellee denied that it should not be declared a bankrupt. But the argument overlooks the phrases that immediately follow the word “denies,” and couples the second negative with the original denial, while the second negative was evidently intended, from the context, to be an additional…
2Cases cited2 opinions
- Neustadter v. Chicago Dry-Goods Co.District Court, D. Washington · 1899
- Cummins Grocer Co. v. TalleyCourt of Appeals for the Sixth Circuit · 1911
3Cited by6 opinions
- Angus G. Wynne, Jr., Bankrupt v. William J. Rochelle, Jr., Trustee in BankruptcyCourt of Appeals for the Fifth Circuit · 1967
- Richey v. KalishCourt of Appeals for the Seventh Circuit · 1947
- Mutual Building & Loan Ass'n v. KingCourt of Appeals for the Ninth Circuit · 1936
- Cleveland & Son v. ThorpeCourt of Appeals for the Seventh Circuit · 1926
- In re Erie City Airport, Inc.District Court, W.D. Pennsylvania · 1930
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