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FIRST NATIONAL BANK & TRUST CO. V. BEACH, 301 U. S. 435 (1937)

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U.S. Supreme Court

First National Bank & Trust Co. v. Beach, 301 U.S. 435 (1937)

First National Bank & Trust Co. v. Beach

No. 621

Argued April 27, 28, 1937

Decided May 17, 1937

301 U.S. 435

Syllabus

1. Section 75 of the Bankruptcy Act defined a "farmer" as any individual who is personally bona fide "engaged primarily in farming operations," or "the principal part of whose income is derived from farming operations." Held that these two branches of the definition are not equivalents, but are used in contrast, and neither is a term of art, but, in their application, the question of farmer vel non must be determined by considering and appraising all the facts. P. 301 U. S. 438.

2. Respondent owned a farm, of which he occupied a part, living there and devoting most of his time to cultivation and other farm activities, the products of which were the food for himself and his dependants; the remainder and greater portion of the farm he let out to tenants, who put it to grazing and cultivation, yielding him rentals which constituted the greater part of his income. Held a "farmer" within the meaning of § 75 of the Bankruptcy Act. P. 301 U. S. 439.

86 F.2d 88 affirmed.

Certiorari, 300 U.S. 650, to review the reversal of a petition by the present respondent for relief under § 75 of the Bankruptcy Act, which was opposed by the present petitioner, a bank holding a mortgage on his farm.





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