Legal Opinion

In re Halsey Electric Generator Co.

District Court, D. New Jersey

Decided December 30, 1909PublishedCited by 6 opinions

In the matter of the Halsey Electric Generator Company, bankrupt. On petition by trustee. On motion of the trustee for an order authorizing him to pay the actual and necessary expenses incurred in preserving the estate pending litigation over the question of adjudication; there not being enough funds to pay the same and the franchise taxes imposed by the state of New Jersey on such bankrupt.

1Opinion of the Court

REELSTAB, District Judge.

This case turns upon legal propositions. There is no controversy about the facts. On October 22, 1907, a petition in involuntary bankruptcy was filed against the Halsey Electric Generator Company, a New Jersey corporation. The company was not adjudicated a bankrupt until March 8, 1909. At the time of filing the said petition, a receiver was appointed who took charge of the estate until April 7, 1909, when the trustee was appointed and qualified. On the 29th day of August, 1908, the state of New Jersey presented its claim for unpaid franchise taxes «assessed against…

2Cases cited18 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Knowlton v. MooreSupreme Court of the United States · 1900
  3. United States v. FisherSupreme Court of the United States · 1805
  4. United States v. KirbySupreme Court of the United States · 1869
  5. Hobbs v. McLeanSupreme Court of the United States · 1886

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3Cited by6 opinions

  1. In re FarrellDistrict Court, W.D. Washington · 1914
  2. Bird v. City of RichmondCourt of Appeals for the Fourth Circuit · 1917
  3. In Re Pressed Steel Car Co. of New JerseyCourt of Appeals for the Third Circuit · 1938
  4. Matter of Unishops, Inc.District Court, S.D. New York · 1975
  5. Mississippi Valley Trust Co. v. Oregon-Washington Timber Co.District Court, W.D. Washington · 1914

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