The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-10
BANKRUPTCY Is NOT FOR ALL
" VOC SELL room TO me- CAN
REED AWAY INSIDE, No.

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Judge HoaGh Of the Uniasd States Dis
trict Court has. dismissed the pstition In
bankruptcy fled agAinst the wIIlis Cab
and Auto Company on the ground that
kesplnG q boaTding stable N not being
principally engaged In mercantile or
trading pursutts. In the case Of the
Wentworth LAInch Company. dsSided
against the creditors by the Court Of
Appeals. he saya: 'Tt ives @ sfully pointed
ont that the preparation Of food VIVA not
manufacture. and that the aale Of the
food 20 prepared by an Incorporated
restaurant keeper In small quantities to
the ultimate consumer was not q msEoan-
tile pursuit or trading occupation. Pre-
pairing piss by the thousands and biscuits
by the ton may perhaps SAVIOR of manu-
sact'.re. but IL IA obvious that the vending
thGreof to the consumer on the premises
,. souething not performed by one en-
gagged In mercantile or trading pursuits.
just where the line h TO be drawn
does not appear. but Il In plainly impossible
10 draw any judicial distinction between
feeding men and feeding horsss; nor h
the oase bettsred by the fact that the
horses were lodged a. well a. fed. for that
q hotel company In not within the not In
now well established
The meaning of the words mercantile
or trading purSults' In the Second Circuit
has besn further expounded in the Kings
ton Realty Company. from which Il sp-
pears that though buying TO sell again
u OF the eesence OF trade, yet II that which
10 bought and sold . land there Y no
trading: and u there be no trading there
h no mercantile pursuit ~ the term h
used IN the statute.
I'm this circuit Il seems that while ahipa
! Tor AZ least boafsl can be manufactured
! Marine Construction and Dry Dock Com
strlcted.' Il h Alao held that TO he en-
gagged IN trading pursuits one must both
buy and sell either goods or merchandias,
/ or othsr goodn ordinarily the subject Of
| trnigic.' while one who follows q msrcAnttis
pursuit may not only do what q trader
sale Of commodities when this rule n
applied TO the sale OF foOdstufs. n would
seem obvious that an Incorporated
grocery store 3 a trader, for Il buys goods
and merchandise TO sell again; 90 does an
Incorporated restaurant. vet that b not
authorities: the difference would appear
70 depend on whether the customer takes
away the purchased foodstuffs by ex-
ternal or internal mssns OF carriage.
Applying these decisions OF the Circuit
Court % Appeals To the matter IN hand
and not perceivinG tina; there is any differ
ence for bankruptcy purposes between
lodging and feeding horses and lodging
and feeding men. this alleged bankrupt
cannot he said to follow either a NOR
camille or trading pursuit and 10 therefore
not subject To the operation OF the act b.
| Petition dismissed without costs
SOMETIMES HANDY ron A mo
Henry L@e. an actor. residing az the
Hotel Algonquin. hAE been adjudicated a
bankrupt. u was said yesterday that
application would be made for an order
for protection from arrest OutAide Of this
State 20 avoid any trouble when he II
travelling such orders are occasionally
granted.