In re Wentworth Lunch Co.
Court of Appeals for the Second Circuit
Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the Wentworth Lunch Company, alleged bankrupt. On petition of Girard S. Wittson, assignee, and the Wentworth Lunch Company, to revise an order (189 Fed. 831) directing payment of the expenses of a receivership out of the property of the corporation.
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Petition to Revise Order of the District Court of the United States for the Southern District of New York. In the matter of the Wentworth Lunch Company, alleged bankrupt. On petition of Girard S. Wittson, assignee, and the Wentworth Lunch Company, to revise an order (189 Fed. 831) directing payment of the expenses of a receivership out of the property of the corporation. A petition to adjudicate the Wentworth Lunch Company a bankrupt was filed by creditors in the District Court. The company answered, setting up that It did not come within the bankruptcy act, being a restaurant corporation.…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the-facts as above). The District Court had jurisdiction to hear and determine the issue of law and fact raised upon the bankruptcy petition. .As this court said in Altonwood Park Company v. Gwynne, 160 Fed. 448, 87 C. C. A. 409:
“The District Court liad jurisdiction of the parties and of the subject-matter. It was for it to determine whether the business of the corporation was such as to bring it within that class of corporations subject to adjudication in bankruptcy. Its judgment was erroneous, but it had power to make it.”
*822And as a corollary to the conclusion that the District…
2Cases cited2 opinions
- In re Oakland Lumber Co.Court of Appeals for the Second Circuit · 1909
- Altonwood Park Co. of New York v. GwynneCourt of Appeals for the Second Circuit · 1908
3Cited by7 opinions
- In Re Jensen-Farley Pictures, Inc.United States Bankruptcy Court, D. Utah · 1985
- Burnrite Coal Briquette Co. v. RiggsSupreme Court of the United States · 1927
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Brougham v. Oceanic Steam Navigation Co.Court of Appeals for the Second Circuit · 1913
- In re Hurlburt Motors, Inc.District Court, S.D. New York · 1920
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