In re Hoy

Citations

• 137 F. 175
• 1905 U.S. Dist. LEXIS 220

Syllabus

<p>Bankbuetoy—Persons Subject to Involuntary Adjudication—Person Engaged Chiefly in Farming.</p> <p>An alleged bankrupt bad for some years conducted a law and collection office; his principal business in connection therewith being the making of collections, and the renting of property for others, and collecting the rents therefor. During the two years prior to the filing of the petition his total earnings from such business did not exceed $450, and were little, if any, above his expenses. He owned a farm of 470 acres, which was improved and rented until about a year prior to the filing of the petition; he being, however, a partner in the stock thereon and consulted in regard to its management. At this time the lease expired, and he thereafter conducted the farm himself, being at the place a considerable portion of the time and moving his family there some time before the commission of the alleged acts of bankruptcy. The gross income from the farm during that season, which was not a favorable one, was about $1,800. 1-Iis indebtedness arose principally out of his purchase and operation of the farm. Held, that from the time of his assuming the conduct of the farm he was engaged chiefly in farming, and was not subject to be adjudged an involuntary bankrupt.</p> <p>[Ed. Note.—What persons are subject to bankruptcy law, see note to Mattoon Nat. Bank v. First Nat. Bank, 42 O. C. A. 4.]</p>