Recent Important Decisions

Authors

Abstract

Bankruptcy - Jurisdiction Depending on Principal Place of Business, Residence or Domicile - B, a domiciled resident of New York, employed by an express company in New York City in the capacity of a rate clerk, moved to New Jersey in igo8 for the purpose of acquiring a residence which would give the courts of that state jurisdiction of a contemplated divorce proceeding against his wife. He retained his position with the express company in New York, and in 1911 he secured a divorce in New York, the sole ground of jurisdiction of the New York court being that the marriage had been solemnized in that state. During all of this time he continued to reside in New Jersey. In 1912 he filed a petition in voluntary bankruptcy in the District Court for 'the Southern District of New York, the jurisdiction of that court being invoked on the ground, that his "principal place of business" was in New York On motion by a creditor to vacate the order adjudging him a bankrupt, and a motion by the bankrupt for leave to amend his petition by showing that he was domiciled in New York, it was held (I) that the nature of the bankrupts employment was such that he could not have a "principal place of business", in that he had no place of business at all; (2) that the circumstances under which he left New York and took up his residence in New Jersey, together with the motive prompting him to do so caused him to acquire a domicile in the latter state. It re Lipphart, (D. C., N. Y., 1912) 201 Fed. 1o3.

Recommended Citation

Recent Important Decisions, 11 Mich. L. Rev. 477 (1913).
Available at: https://repository.law.umich.edu/mlr/vol11/iss6/4