Legal Opinion
Postel v. Broadway Trust Co.
Court of Appeals for the Seventh Circuit
Decided November 23, 1928No. 4037PublishedCited by 7 opinions
1Opinion of the Court
ANDERSON, Circuit Judge.
The Broadway Trust Company, of St. Louis, Missouri, recovered a judgment against J. A. Hamilton on April 25, 1927. On August 26, 1927, an involuntary petition in bankruptcy was filed against Hamilton. The question is, Was the judgment obtained “within four months before the filing of the petition”?
The general rule in computing time is to exclude the first day and include the last. This is the rule of the Bankruptcy Act whenever the time is enumerated by days. Section 31a (11 USCA § 54). It has been held that the rule of computation stated in section 31 as to days…
2Cases cited2 opinions
- Dutcher v. WrightSupreme Court of the United States · 1877
- In re De LewandowskiDistrict Court, D. Massachusetts · 1917
3Cited by7 opinions
- Fogel v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1953
- Atlanta Flooring & Insulation Co. v. Oberdorfer Ins. AgencyCourt of Appeals for the Fifth Circuit · 1943
- Lowe v. HessDistrict Court, D. Alaska · 1941
- In re HochmanDistrict Court, E.D. New York · 1944
- In re Dorado Plastics Corp.District Court, D. Puerto Rico · 1960
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