In Re William McKinley Lodge No. 840, F. & AM

S.D. New York

In Re William McKinley Lodge No. 840, F. & AM

4 F. Supp. 280, 1933 U.S. Dist. LEXIS 1486

CourtDistrict Court, S.D. New York

DecidedJuly 28, 1933

StatusPublished

Cited by6 cases

This text of 4 F. Supp. 280 (In Re William McKinley Lodge No. 840, F. & AM) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re William McKinley Lodge No. 840, F. & AM, 4 F. Supp. 280, 1933 U.S. Dist. LEXIS 1486 (S.D.N.Y. 1933).

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Opinion

FRANK J. COLEMAN, District Judge.

In Bankruptcy. Motion to confirm report of special master upon the issues raised by the petition in bankruptcy and the answer of an intervening creditor. .The only question argued was whether the bankrupt, an unincorporated company, was in business, so as to be included among the possible involuntary bankrupts. I am convinced that it conducted a regular course of transactions for the purpose of making a profit out of them and that these transactions were on a sufficiently large scale and sufficiently numerous to make the bankrupt a business company. These transactions were of far more economic importance to the alleged bankrupt than the purely fraternal transactions which were more closely connected with the primary object of the association. The fact that such profit as the lodge might make from the business transactions was not intended to be divided among the members did not prevent the lodge from being a business association.

Report of the special master is, therefore, confirmed. Settle order on notice.

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FRANK J. COLEMAN, District Judge.

In Bankruptcy. Motion to confirm report of special master upon the issues raised by the petition in bankruptcy and the answer of an intervening creditor. .The only question argued was whether the bankrupt, an unincorporated company, was in business, so as to be included among the possible involuntary bankrupts. I am convinced that it conducted a regular course of transactions for the purpose of making a profit out of them and that these transactions were on a sufficiently large scale and sufficiently numerous to make the bankrupt a business company. These transactions were of far more economic importance to the alleged bankrupt than the purely fraternal transactions which were more closely connected with the primary object of the association. The fact that such profit as the lodge might make from the business transactions was not intended to be divided among the members did not prevent the lodge from being a business association.

Report of the special master is, therefore, confirmed. Settle order on notice.

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4 F. Supp. 280, 1933 U.S. Dist. LEXIS 1486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-william-mckinley-lodge-no-840-f-am-nysd-1933.

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