In re Perry Aldrich Co.

Citations

• 165 F. 249
• 1908 U.S. Dist. LEXIS 158

Syllabus

<p>3. Bankruptcy ($ 16*) — Jurisdiction of Court - Foreign Corporation — “Place of Business” — 1“Doing Business.”</p> <p>A petition in involuntary bankruptcy was filed in the district of Massachusetts against a Maine corporation, which had carried on the mercantile business for which it was incorporated in Boston. About six months prior to the filing of the petition it sold the most of its stock in trade and gave up its place of business, and two months later receivers were appointed by a court of Blaine, who took charge of and kept its remaining property in Boston. TIoM, that the corporation was not “doing business” in any proper sense after the appointment of the receivers, and had not had its principal “place of business” in Massachusetts for the greater part of the six months preceding the filing of the petition. within the meaning of Bankr. Act July 1, 1898, e. 541, § 2(3), 30 Stai. 545 (U S romp. St. 1903, p. .8120), and that the court in that district was without jurisdiction of the proceedings.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 20; Dec. Dig. § 16.*</p> <p>For other definitions, see Words and Phrases, vol. 3, pp. 2155-2360; vol. 8, pp. 7640, 7641; vol. 6, pp. 5390-5892.]</p> <p>2. Bankruptcy (§ 36*)J- Jurisdiction of Coubt — Fobkign Cobpobation — Pi,ace of Business.</p> <p>In determining whether a corporation has had its principal place of business in another state, so as to give the court in that district jurisdiction to adjudicate it a bankrupt, it, is immaterial whether or not it complied with the laws of that state to entitle it to do business therein as a foreign corporation.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 20; Dec. Dig. § 36.*</p> <p>Jurisdiction of federal courts in suits relating to bankruptcy, see note to Bailey v. Mosher, 11 C. C. A. 313.]</p> <p>8. Bankruptcy (§ 68*) — Involuntary Proceedings--Acts of Bankruptcy— Receivership — “Because of Insolvency.”</p> <p>The appointment of recei