Legal Opinion
In re Howell
Court of Appeals for the Second Circuit
Decided July 17, 1914No. 228PublishedCited by 7 opinions
Appeal from the District Court of the United States for the District of Connecticut. This cause comes here on appeal from a final order and decree made in the District Court of the United States for the District of Connecticut on August 5, 1913 (207 Fed. 973), adjudging that George D. Howell is not a bankrupt, and that the petition for involuntary bankruptcy against him be dismissed.
1Opinion of the Court
ROGERS, Circuit Judge.
[1] This was a petition in involuntary bankruptcy. The Bankruptcy Act in section 59b provides as follows:
“Three or more creditors who have provable claims against any person which amounts in the aggregate, in excess of the value of securities held by them, if any, to five hundred dollars or over; or if all of the creditors of such person are less than twelve in number, then one of such creditors whose claim equals such amount may file a petition to have him adjudged a bankrupt.”
Under this provision it has been held to be absolutely necessary that each creditor joining in…
2Cases cited3 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Louisville Trust Co. v. Louisville, New Albany & Chicago Railway Co.Supreme Court of the United States · 1899
- In re Crafts-Riordon Shoe Co.District Court, D. Massachusetts · 1910
3Cited by7 opinions
- Warner Bros. Pictures, Inc. v. Lawton-Byrne-Bruner Ins. Agency Co.Court of Appeals for the Eighth Circuit · 1935
- Olean Sand & Gravel Corp. v. CommissionerUnited States Board of Tax Appeals · 1931
- Aaron v. MayorkasDistrict Court, W.D. Pennsylvania · 2023
- Aaron v. MayorkasDistrict Court, M.D. Pennsylvania · 2023
- Buso v. ACH Food Companies, Inc.District Court, S.D. California · 2020
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