231 F. 1001 | S.D.N.Y. | 1916
(after- stating the "facts as above). If the bankrupt has any place of business whatever, there can he no doubt that New York is the principal one. Here he returns, and here he spends most of his time. I am disposed to interpret the phrase “place of business” in accordance with In re Eipphart (D. C.) 201 Fed. 103, a decision rendered in this .district. Remington in his second edition, § 35 (volume 1, page 63), criticizes this decision, and his is a high authority, yet it seems to me somewhat to force the natural 'use ol language to say that “a clerk, even, is a business man,” though it is true that he “has a place where he does his business,” which may be quite another matter.
The case is certainly not free from doubt, and upon doubtful questions it is generally our custom in this district to follow former decisions for uniformity’s sake until the matter can be authoritatively settled in the Circuit Court of Appeals.
The motion will therefore be granted, and the proceedings dismissed for lack of jurisdiction; no costs.