Legal Opinion

In re Sig. H. Rosenblatt & Co.

Court of Appeals for the Second Circuit

Decided January 29, 1912No. 157PublishedCited by 42 opinions

Petition to Revise Order of the District Court of the United States for the Southern District of New York. Petition in involuntary bankruptcy by creditors of Sig. H. Rosenblatt & Co., alleged bankrupt, in which James Phillips filed an intervening petition in bankruptcy. Prom an order dismissing the proceedings on sustaining demurrers to the petitions, the intervener brings petition to revise orders. This cause comes here upon petition to revise certain orders.

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Petition to Revise Order of the District Court of the United States for the Southern District of New York. Petition in involuntary bankruptcy by creditors of Sig. H. Rosenblatt & Co., alleged bankrupt, in which James Phillips filed an intervening petition in bankruptcy. Prom an order dismissing the proceedings on sustaining demurrers to the petitions, the intervener brings petition to revise orders. This cause comes here upon petition to revise certain orders. The petitioner claims to be a creditor of the alleged bankrupts to the amount of $25,000. They dispute this claim, insisting that he…

1Opinion of the Court

LACOMBE, Circuit Judge.

[ 1J The act of bankruptcy charged in the original petition is as follows:

“Your petitioners further allege, upon information and belief, that the said Pig. II. Rosenblatt & Go., while insolvent, and within four months next preceding the date of the filing of this petition, committed an act of bankruptcy, in that they did heretofore and within said four months next preceding the dato of the filing of this petition, and while insolvent, transfer a certain portion of their property to one or more of their creditors with intent to prefer such creditors over their other…

2Cases cited1 opinion

  1. In re BellahDistrict Court, D. Delaware · 1902

3Cited by42 opinions

  1. Gill v. Hall (In Re Hall)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981
  2. In re CondonCourt of Appeals for the Second Circuit · 1913
  3. In Re WirickUnited States Bankruptcy Court, E.D. Virginia · 1980
  4. Hovland v. Farmers' State Bank of ChristineCourt of Appeals for the Eighth Circuit · 1926
  5. In Re FullerCourt of Appeals for the Second Circuit · 1926

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