In re Rado
District Court, S.D. New York
This was a petition in involuntary bankruptcy, which set forth a debt due to the petitioners, for tobacco sold and delivered by them to the bankrupt [Peter Rado], to the amount of $2,027.16. and alleged that on account of that he had returned to them tobacco worth $1,140.10, at such a time as to make such return an unlawful preference of their debt to such amount.
1Opinion of the Court
BLATCHFORD, District Judge.
The petitioners, having accepted an unlawful preference in respect of the debt set forth in their petition, cannot maintain the petition, so long as they do not, by the petition, surrender such preference. An opportunity will be allowed them to move, on notice, for leave to amend the petition in that respect If no sueli motion is made, the petition must be dismissed.
2Cited by3 opinions
- In re GilletteDistrict Court, W.D. New York · 1900
- In re Burlington Malting Co.District Court, E.D. Wisconsin · 1901
- In re MillerDistrict Court, W.D. New York · 1900