Opinion

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

  • 4 F. Supp. 280
  • 1933 U.S. Dist. LEXIS 1486
Court
District Court, S.D. New York
Filed
Jul 28, 1933
Status
Published
Author
Coleman
On the bench
Frank J. Coleman
Cited by
6 cases
Authority
More cited than 72.8%

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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