In re C. Moench & Sons Co.

Citations

• 123 F. 977
• 1903 U.S. Dist. LEXIS 261

Syllabus

<p>1. Bankruptcy—Right to Resist Involuntary Adjudication—Attaching Creditor.</p> <p>Under Bankr. Act 1898, § 59f, Act July 1, 1898, 30 Stat. 560, e. 541 [U. S. Comp. St. 1901, p. 3443], an attaching creditor may file an answer and contest a petition to have his debtor adjudged an involuntary bankrupt, without surrendering his attachment, whether or not his debt is one provable in bankruptcy. Section 1, subd. 9, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3419], defining the term “creditor” as including any one having a provable claim, should not be so construed as to preclude one who by his answer shows an actual interest in the matter from being heard in opposition to the adjudication.</p>