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VON LEIDERSDORFF v. CITY MORTGAGE & INS. CORP.

No. 6027.

181 F.2d 338 (1950)

VON LEIDERSDORFF v. CITY MORTGAGE & INS. CORP. et al.

United States Court of Appeals Fourth Circuit.

Decided April 10, 1950.

Attorney(s) appearing for the Case

Thomas J. Michie and J. T. Camblos, Charlottesville, Va. (Michie & Fishburne, Charlottesville, Va., on brief) for appellant.

W. O. Fife and Claude R. Yardley, Charlottesville, Va. (Paxson, Williams & Fife; Perkins, Battle & Minor; Walker & Copenhaver, and Wingfield, Hamlet & Spitzer, Charlottesville, Va., on brief) for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

John Von Leidersdorff was denied the benefits of Section 75 of the Bankruptcy Act, 11 U.S.C.A. § 203, when he filed a petition to effect a composition with his creditors and the petition was denied by the District Court on the ground that he was not a farmer within the meaning of Section 75, sub. r of the statute. There is much in the evidence to explain the action of the District Court if attention is confined to the financial difficulties...

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