Steinruck's Insolvency

Citations

• 225 Pa. 461
• 74 A. 360
• 1909 Pa. LEXIS 685

Syllabus

<p>Insolvency — Petition—Jurisdiction—Act of June 4, 1901, P. L. 404.</p> <p>1. An allegation of the insolvency of a debtor and his failure to make an assignment for the benefit of creditors contained in a creditor’s petition is not all that is necessary to give the court jurisdiction to appoint a receiver of an alleged insolvent’s estate upon the application of a creditor under the Act of June 4, 1901, P. L. 404. The petitioner must go further and allege and prove that the alleged insolvent has committed one or more of the acts of insolvency enumerated in sec. 7 of the act. On the other hand, the court has no jurisdiction to appoint a receiver where it is not alleged'or shown that the debtor is in fact insolvent, although he may have committed one or more of the acts enumerated in sec. 7.</p> <p>Wards and phrases — “And” and “or.”</p> <p>2. “And” will be construed “or” only when it appears from the context of the statute that the intention of the lawmaking power can only be given effect by so construing it.</p>