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NOLLMAN & CO. v. WENTWORTH LUNCH COMPANY

Supreme Court of the United States1910-04-18No. No. 154
217 U.S. 591

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam.

Judgment affirmed on the authority of Toxaway Hotel Company v. Smothers & Co., decided February 21, 1910 (216 U. S. 439).

The pertinent part of the headnote in this case is as follows:

A corporation engaged principally in running hotels is not a corporation engaged principally in trading or mercantile pursuits, within the meaning of § 4, subs, b, of the Bankruptcy Act of 1898.

Where Congress has not expressly declared a word to have a particular meaning, it will be presumed to have used the word in its well-understood public and judicial meaning, and cases based on a declaration made by Parliament that the word has a certain meaning are not in point in determining the intent of .Congress in using the word.

An qccupation that is not trading is not a mercantile pursuit.

A corporation not otherwise amenable to the Bankruptcy Act does not become so because it incidentally engages in mercantile pursuit; and so held as to a hotel company which, in addition to inn-keeping in which it was principally engaged, conducted a small store as an incident to its hotel business.