Yungbluth v. Slipper
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. In the matter of involuntary bankruptcy proceedings against Jacob Yungbluth and against August W. Schafer, copartners doing business as the Bank of Hamilton, Jacob Yungbluth & Co., Proprietors; and the Bank of Hamilton, A. W. Schafer & Co., Proprietors; and A. W. Schafer & Co., Private Bank; and against the alleged partners as individuals.
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington. In the matter of involuntary bankruptcy proceedings against Jacob Yungbluth and against August W. Schafer, copartners doing business as the Bank of Hamilton, Jacob Yungbluth & Co., Proprietors; and the Bank of Hamilton, A. W. Schafer & Co., Proprietors; and A. W. Schafer & Co., Private Bank; and against the alleged partners as individuals. A demurrer to the petition of John H. Slipper and another doing business as the Eagle Shingle Company and others having been overruled,…
1Opinion of the Court
GILBERT, Circuit Judge (after stating the facts as above).
The appellant assigns as error that the petition in which bankruptcy was charged does not state facts sufficient to warrant the judgment, and contends that the petition shows no act of bankruptcy, that the proceedings in the state court wherein a receiver was appointed were unauthorized by law, that the state court had no jurisdiction to appoint the receiver, and that the act of the bank in paying out moneys to depositors is not shown to be an act of bankruptcy for the reason that there is no allegation that any undue preference was…
2Cases cited6 opinions
- West Co. v. LeaSupreme Court of the United States · 1899
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- Mills v. J. H. Fisher & Co.Court of Appeals for the Sixth Circuit · 1908
- In re ForbesDistrict Court, D. Massachusetts · 1904
- In re KerstenDistrict Court, E.D. Wisconsin · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Meek v. Centre County Banking Co.Court of Appeals for the Third Circuit · 1923
- In re WellesleyDistrict Court, N.D. California · 1917