Legal Opinion

In re Mathews Consolidated Slate Co.

District Court, D. Massachusetts

Decided November 24, 1905PublishedCited by 11 opinions

In Bankruptcy. On involuntary petition. The following is the report of Referee Olmstead, acting as master on question of adjudication: This creditors’ petition, filed June 22, 1905, against the Mathews Com-solidated Slate Company, seeking an adjudication on the ground that It had committed acts of bankruptcy, was referred to the referee acting as master, under rule 12 of the general orders in bankruptcy (89 Fed. vii, 32 C. C. A. xvi), to ascertain and report the facts.

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In Bankruptcy. On involuntary petition. The following is the report of Referee Olmstead, acting as master on question of adjudication: This creditors’ petition, filed June 22, 1905, against the Mathews Com-solidated Slate Company, seeking an adjudication on the ground that It had committed acts of bankruptcy, was referred to the referee acting as master, under rule 12 of the general orders in bankruptcy (89 Fed. vii, 32 C. C. A. xvi), to ascertain and report the facts. On July 28, 1905, one Bainbridge W. Burdick, a creditor, a citizen of the state of New York, and a resident of Albany,…

1Opinion of the Court

DODGE, District Judge.

This is an involuntary petition by three creditors, filed on June 22, 1905. No objection to adjudication is made by the alleged bankrupt, but a creditor who has obtained judgment in New York against it has filed dn answer to the petition wherein he contends, among other things, that the court is without jurisdiction, because the alleged bankrupt did not have its residence, its domicile, nor its principal place of business in Massachusetts, and because it was not principally engaged in any of the kinds of business specified in section 4b of the bankruptcy act (Act July 1,…

2Cases cited4 opinions

  1. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  2. In re Elmira Steel Co.District Court, N.D. New York · 1901
  3. In re H. J. Quimby Freight Forwarding Co.District Court, D. Massachusetts · 1903
  4. In re White Mountain Paper Co.District Court, D. New Hampshire · 1903

3Cited by11 opinions

  1. Continental Coal Corp. v. Roszelle Bros.Court of Appeals for the Sixth Circuit · 1917
  2. Dryden v. Ranger Refining & Pipe Line Co.Court of Appeals for the Fifth Circuit · 1922
  3. In re American & British Mfg. Corp.District Court, D. Connecticut · 1924
  4. Home Powder Co. v. GeisCourt of Appeals for the Eighth Circuit · 1913
  5. Hamilton v. North Pac. S. S. Co.Oregon Supreme Court · 1917

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