(Download) "Northwestern States Portland Cement Co. v. Huston" by United States Court of Appeals for the Eighth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Northwestern States Portland Cement Co. v. Huston
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 12, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This appeal is prosecuted by the Arkansas Oil & Mining Company from an order adjudging it a bankrupt. The appellees, Murray Tool and Supply Company, E. A. Brammer, and Dave Maxwell, filed an involuntary petition in bankruptcy against appellant, alleging that within four months before the filing of the petition, and while insolvent, it committed acts of bankruptcy (1) in that it suffered and permitted Troy E. Scott, on the 17th day of March, 1941, to obtain a lien upon its property through legal proceedings by obtaining a judgment against it for the sum of $5,013.50, without having vacated or discharged said lien within thirty days from the date thereof, and without having taken steps to supersede the judgment, and that execution was issued and placed in the hands of the sheriff on this judgment on the 17th day of April, 1941; (2) in that, on the 18th day of April, 1941, it admitted in writing its inability to pay its debt and its willingness to be adjudged a bankrupt. This petition was filed May 20, 1941. On May 28, 1941, appellant filed its answer, denying that it committed the alleged acts of bankruptcy, and putting in issue the allegations with reference to the alleged indebtedness owed the petitioners and certain other creditors. The matter seems to have been referred to the referee for adjudication, and after hearing the referee entered its order adjudging the Arkansas Oil & Mining Company a bankrupt. In due time, on petition for review, the matter was brought on before the lower court, which determined the issues in favor of the petitioning creditors and confirmed and approved the order of the referee adjudging the appellant a bankrupt.
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