Hoover v. Ober

Citations

• 42 Pa. Super. 308
• 1910 Pa. Super. LEXIS 330

Syllabus

<p>Insolvency — Bankruptcy—Farmers—Receivership—Petitioning creditors — Act of Júne 4, 1901, P. L. 404.</p> <p>1. The Pennsylvania act of June 4, 1901, relating to insolvency, is suspended by reason of the existence of the federal bankrupt act of July 1, 1898, and does not become operative as to the persons and subjects to which the federal act applies.</p> <p>2. Wage-earners and persons engaged chiefly in farming or the tillage of the soil cannot be subjected to the provisions of the federal bankrupt act of July 1, 1898, without their consent, and as to such persons the Pennsylvania Act of June 4, 1901, P. L. 404, is in force.</p> <p>3. Three creditors of an insolvent are not disqualified to join in a petition under the Insolvent Act of June 4, 1901, P. L. 404, because two of them had issued execution upon judgments and had participated in directions in regard to a sheriff’s sale of the insolvent’s goods, and the bringing of the proceeds of the sale into court for distribution, and because the third attended the sheriff’s sale and bid upon and purchased a number of articles thereat. If the object of the petitioners were to set aside the sale, the question would be a different one.</p> <p>4. An averment of insolvency and an illegal preference in a petition for insolvency is sufficient to authorize the appointment of a receiver.</p>