Blue Mountain Iron & Steel Co. v. Portner

Citations

• 131 F. 57
• 65 C.C.A. 295
• 1904 U.S. App. LEXIS 4265

Syllabus

<p>1. Bankruptcy — Adjudication—Submission op Questions.</p> <p>On the hearing of an involuntary bankruptcy petition, where the appointment of a receiver by the state court was claimed to constitute the act of bankruptcy charged, questions submitted to the jury as to -whether on the date the receivers were appointed, and at the date of filing the bankruptcy petition, the aggregate of the property of the alleged bankrupt, at a fair valuation, was sufficient to pay its debts; whether, because of the insolvency of the alleged bankrupt, receivers were put in charge of its property under the state laws; and whether such receivers took charge and possession of the property, and have since so remained — were proper.</p> <p>'2. Same — Receivers—State Courts — Jurisdiction—Collusion.</p> <p>Where it was claimed that a state court had no jurisdiction to appoint receivers for an alleged bankrupt corporation, for the reason that, prior to the filing of the bill under which the appointment was made, another bill was filed in another court for the same purpose, but it appeared that the prior proceeding was collusive, and that nothing was done or intended to be done therein except to file the bill, such proceeding was ineffective to prevent the appointment of receivers in the subsequent suit constituting an act of bankruptcy.</p> <p>3. Same — State Courts — General Jurisdiction — Judgment—Collateral Attack.</p> <p>The appointment of receivers for a corporation by a state court of general jurisdiction was not subject to collateral attack on the ground that the court did not have jurisdiction of the corporation’s person.</p> <p>4. Same — Judicial Proceedings — Best Evidence — Records.</p> <p>Where an order of court appointing receivers for a corporation was in writing, parol evidence of the judge who made the order was inadmissible to show the grounds thereof.</p> <p>5. Same — Admissibility.</p> <p>On an issue as to whether defendant had committed an act of bankruptcy by reason of t