In re Doddy Jourdan & Co.

E.D. Pennsylvania

In re Doddy Jourdan & Co.

127 F. 771, 1904 U.S. Dist. LEXIS 416

CourtDistrict Court, E.D. Pennsylvania

DecidedJanuary 22, 1904

DocketNo. 1,798

StatusPublished

This text of 127 F. 771 (In re Doddy Jourdan & Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Doddy Jourdan & Co., 127 F. 771, 1904 U.S. Dist. LEXIS 416 (E.D. Pa. 1904).

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Opinion

J. B. McPHERSON, District Judge.

The petition was filed at 4 o’clock in the afternoon of December 2, 1903. The act of bankruptcy is averred to be, suffering and permitting, while insolvent, a creditor to obtain a preference through legal proceedings, and not having, at least five days before the sale or final disposition of any property affected by such preference, vacated or discharged such preference: Act July 1, 1898, c. 541, §_3, subd. 3, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3422]. The petition declares that two creditors were thus preferred by being permitted to recover judgments, on which executions were issued, and levies made upon the bankrupts’ personal property. The answer of the bankrupts avers that the executions, under which a sale had been advertised for December 3d, were stayed on the morning of December 2d, the day when the petition was filed, and' that the petitioning creditor had several hours’ notice of1 this fact, hut had declared that he would throw the respondents into bankruptcy notwithstanding the stay. As the case was argued upon petition and answer, the averments of the answer must be taken to be true, and the petition must therefore be dismissed.

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J. B. McPHERSON, District Judge.

The petition was filed at 4 o’clock in the afternoon of December 2, 1903. The act of bankruptcy is averred to be, suffering and permitting, while insolvent, a creditor to obtain a preference through legal proceedings, and not having, at least five days before the sale or final disposition of any property affected by such preference, vacated or discharged such preference: Act July 1, 1898, c. 541, §_3, subd. 3, 30 Stat. 546 [U. S. Comp. St. 1901, p. 3422]. The petition declares that two creditors were thus preferred by being permitted to recover judgments, on which executions were issued, and levies made upon the bankrupts’ personal property. The answer of the bankrupts avers that the executions, under which a sale had been advertised for December 3d, were stayed on the morning of December 2d, the day when the petition was filed, and' that the petitioning creditor had several hours’ notice of1 this fact, hut had declared that he would throw the respondents into bankruptcy notwithstanding the stay. As the case was argued upon petition and answer, the averments of the answer must be taken to be true, and the petition must therefore be dismissed.

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Bluebook (online)

127 F. 771, 1904 U.S. Dist. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-doddy-jourdan-co-paed-1904.