104 F. 67 | W.D. Mo. | 1900
Certain alleged creditors of the Chicago-Joplin Lead & Zinc Company, a corporation, have filed a petition against the corporation in involuntary bankruptcy. The petition alleges that this corporation is “engaged principally in manufacturing, trading, and mercantile pursuits.” The defendant, by its answer, denies that it is a corporation “engaged principally in manufacturing, trading, and mercantile pursuits, or any one of them.” The answer further avers “that it is a corporation engaged solely, alone, and exclusively in the mining business.” The petitioners filed a general replication. On this stale* of the pleadings the petitioners have submitted the case to the court on the sole evidence of the articles of association of the defendant company. These articles declare the purposes of the organization to be for “prospecting, mining, buying and selling ore, and smelting the same.” The bankrupt act (section 4b) limits the cor porations which may he put into bankruptcy to such as are “engaged principally in manufacturing, trading, printing, publishing or mercantile pursuits.” Without stopping to consider the exact distinction between the terms “trading” and “mercantile pursuits,” it may be con