Friday v. Hall & Kaul Company

by Horace Harmon Lurton

United States Supreme Court

216 U.S. 449

Friday  v.  Hall & Kaul Company

 Argued: January 10, 1910. --- Decided: February 21, 1910

The Monongahela Construction Company, a corporation organized under the law of Pennsylvania, was, in an involuntary proceeding, adjudged a bankrupt in the district court for the western district of Pennsylvania. Upon a petition for review, filed by a judgment creditor, the adjudication was set aside upon the ground that the construction company was not 'a corporation engaged principally in manufacturing,' as found by the bankrupt court. The opinion of the circuit court of appeals is reported in 87 C. C. A. 23, 158 Fed. 593.

From the agreed statement of facts it appears:

1st. That the Monongahela Construction Company's charter sets out that it was organized 'for the purpose of constructing, erecting, and repairing railroads, traction lines, duly incorporated, and streets, roads, buildings, structures, works or improvements of public or private use or utility.'

2d. That its principal business had been 'making and constructing arches, walls, and abutments, bridges, buildings, etc., out of concrete.'

3d. That, 'in carrying on its business, it buys and combines together raw materials, such as cement, gravel, and sand in the making of concrete, and supplies labor, machinery, and appliances necessary for the proper carrying on of said business, of constructing and erecting concrete arches, piers, buildings, and structures, and excavating therefor at such time and place as its contracts call for.'

4th. It has no permanent shop or factory, but has a warehouse.

Messrs. Alexander J. Barron and Richard A. Ford for petitioners.

[Argument of Counsel from page 451 intentionally omitted]

Messrs. George l. roberts and Eugene H. Baird for respondent.

Statement by Mr. Justice Lurton: Mr. Justice Lurton, after stating the facts as above, delivered the opinion of the court:

Notes