In re Reiman
U.S. Circuit Court for the District of Southern New York
[In review of the action of the district court of the United States for the Southern district of New York.] This was a petition of review, seeking to set aside an order of the district court, confirming a composition claimed to have been made by the debtors with their creditors, in the manner directed by the bankruptcy act [of 1807 (14 Stat. 517)]. On the 3d of August, 1874, a petition in bankruptcy was filed against the firm of M. Reiman & Co., composed of Morris Reiman and…
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[In review of the action of the district court of the United States for the Southern district of New York.] This was a petition of review, seeking to set aside an order of the district court, confirming a composition claimed to have been made by the debtors with their creditors, in the manner directed by the bankruptcy act [of 1807 (14 Stat. 517)]. On the 3d of August, 1874, a petition in bankruptcy was filed against the firm of M. Reiman & Co., composed of Morris Reiman and Albert Fried-lander. An order to show cause why they should not be adjudged bankrupts was thereupon issued, returnable…
1Opinion of the Court
HUNT, Circuit Justice.
It is contended by the appellants, that section 17 of the bankrupt act of June 22, 1874 (18 Stat. 182), is unconstitutional. The contention is, that the constitution of the United States permits only the passage of a bankrupt act which shall require the surrender of the entire assets of a bankrupt, as a condition of his discharge from his debts. The section under consideration, it is contended, authorizes his discharge upon the surrender of a portion of his assets only.
Power is given to congress to establish “uniform laws on the subject of bankruptcies throughout the…
2Cases cited3 opinions
- Ayres v. ScribnerNew York Supreme Court · 1837
- Taylor v. WilliamsNew York Supreme Court · 1822
- In re H. HurstNew York Supreme Court · 1831
3Cited by4 opinions
- In re Back Bay Automobile Co.District Court, D. Massachusetts · 1907
- Harrison v. GambleMichigan Supreme Court · 1888
- Robinson v. ClementIndiana Supreme Court · 1880
- Bamberg v. SternNew York Marine Court · 1877