Johansen Bros. Shoe Co. v. Alles

Citations

• 197 F. 274
• 116 C.C.A. 636
• 1912 U.S. App. LEXIS 1287

Syllabus

<p>1. Bankruptcy (§ 446*) — Denial of Involuntary Petition — Petition to Revise — Questions Review able.</p> <p>A petition to revise an order denying an involuntary petition in bankruptcy presents only a question of .law which must arise on the record.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 929; Dec. Dig. | 446 *</p> <p>Appeal and review in bankruptcy cases, see note to Fisher v. Cushman, 43 C. C. A. 389.]</p> <p>2. Bankruptcy (§ 89*) — “Creditors”—Who Are.</p> <p>Where creditors petitioning for a revision of an order denying an involuntary petition in bankruptcy declared that a third person was a creditor of tlje alleged bankrupt, and the third person in his verified answer to the petition averred that he was a creditor in a specified sum. above the value of the security held by him, and the answer was not denied, and the special master treated the third person as a creditor, the third person was a creditor within Bankr. Act July 1, 1898, c. 541, § 57, c, h, 30 Stat. 560 (U. S. Comp. St. 1901, p. 3443), and he could plead to a petition in involuntary bankruptcy.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. §§ 120-122; Dec. Dig. § 89.*</p> <p>For other definitions, see Words and Phrases, vol. 1, p. 118; vol. 8, P. 7562.]</p> <p>3. Bankruptcy (§ 59*) — “Act of Bankruptcy.”</p> <p>A solvent debtor who mortgages his stock in trade to secure a debt, and who permits his secured creditor to obtain a preference through legal proceedings, does not commit an act of bankruptcy within Bankr. Act July 1, 1898, c. 541, § 3, subds, 2, 3, 30 Stat. 546 (U. S. Comp. St. 1901, p. 2423), making insolvency of the debtor at the time of the transfer with intent to prefer a creditor over others or at the time he permits a creditor to obtain a preference through legal proceedings essential to constitute acts of bankruptcy, and a petition to revise an order denying an involuntary petition in bankruptcy base'd on such acts is properly denied, whe