Legal Opinion

Ross v. European Mortg. & Inv. Corp.

Court of Appeals for the Third Circuit

Decided August 2, 1934No. 5435Published

1Per curiam

Three creditors, holding bonds of the alleged bankrupt of a face value of $3.,000; filed a petition in bankruptcy against the European Mortgage and Investment Company, averring acts of bankruptcy. The alleged bankrupt, its equity receivers, and a protective committee and a creditor, holding a total of over $4,000,000 of the obligations of the alleged bankrupt, have intervened and filed answers and moved to dismiss the petition.

The petition failed to set out the jurisdictional requirements of section 4b of the Bankruptcy Act, as amended (11 USCA § 22 (b), in that it failed to aver that the…

2Cases cited4 opinions

  1. Armstrong, as Liquidator of Boysen & Company, v. FernandezSupreme Court of the United States · 1908
  2. Woolford v. Diamond State Steel Co.District Court, D. Delaware · 1905
  3. In re FrankCourt of Appeals for the Third Circuit · 1917
  4. In re Lippincott & Co.District Court, D. Delaware · 1933

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