BURNS BROS. v. COOK COAL CO.

No. 4409.

42 F.2d 109 (1930)

BURNS BROS. et al. v. COOK COAL CO.

Circuit Court of Appeals, Third Circuit.

June 23, 1930.


Attorney(s) appearing for the Case

Michael Sokol, of Newark, N. J., for appellants.

Samuel S. Ferster, of Newark, N. J., for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and THOMSON, District Judge.


THOMSON, District Judge.

In this case, an involuntary petition in bankruptcy being filed, the defendant demanded, and was granted, a jury trial on the issues of insolvency, and the commission of the acts of bankruptcy charged, which resulted in a verdict for the defendant and judgment thereon in its favor. The petitioning creditors excepted to the rulings of the District Judge, excluding evidence as to fraud and directing a verdict for the defendant. To test the legality...

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