Bradley Timber Co. v. White
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Alabama. In this case White and two others, creditors of the Bradley Timber Company, a manufacturing and trading corporation under the laws of the state of Alabama, filed a petition against said corporation, praying to have it adjudged a bankrupt.
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In Error to the District Court of the United States for the Southern District of Alabama. In this case White and two others, creditors of the Bradley Timber Company, a manufacturing and trading corporation under the laws of the state of Alabama, filed a petition against said corporation, praying to have it adjudged a bankrupt. The petition alleges that the corporation is insolvent, and within four months preceding the filing thereof had committed at least three several acts of bankruptcy — one by a preference payment to creditors of large sums of money, the amounts and dates of which were…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts). A question much pressed on this writ of error is whether, in a suit to adjudge an insolvent debtor a bankrupt, because within the four months preceding he has committed an act of bankruptcy, more than one act of bankruptcy may be alleged in the petition. It can- hardly be doubted that if an insolvent debtor within four months has committed several distinct acts of bankruptcy, and only one can be alleged in a petition to declare him a bankrupt, other petitions may be filed against the same insolvent debtor by the same or other creditors setting up the other acts of…
2Cases cited5 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Beuttell v. MagoneSupreme Court of the United States · 1895
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Runkle v. BurnhamSupreme Court of the United States · 1894
- Wilson v. NelsonSupreme Court of the United States · 1901
3Cited by11 opinions
- Minahan v. Grand Trunk Western Ry. Co.Court of Appeals for the Sixth Circuit · 1905
- Buckbee v. P. Hohenadel, Jr., Co.Court of Appeals for the Seventh Circuit · 1915
- Deeter v. BurkIndiana Court of Appeals · 1914
- Empire State Cattle Co. v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1906
- Golden Hill Distilling Co. v. LogueCourt of Appeals for the Sixth Circuit · 1917
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