Nollman & Co. v. Wentworth Lunch Co.

Per Curiam. Judgment affirmed on the authority of Toxaway Hotel Company v. Smothers & Co., decided February 21, 1910 (216 U. S. 439). 1 Footnotes [1] 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.