In Re Airmont Knitting & Undergarment Co., Inc

This appeal presents two questions, the first being the sufficiency of an involuntary petition in bankruptcy filed against the appellant and the second involving the limitation of issues which the court directed to be tried by a j-ury.

The petition alleged the commission of four acts of bankruptcy under section 3, sub. a(3). 1 As to each alleged act of bankruptcy, the petition charged that the bankrupt while insolvent, suffered or permitted a judgment creditor to obtain a lien on its property by the service of a third party subpoena, with a copy of Sec. 781 of the New York Civil Practice Act…