In re Comstock
District Court, D. Oregon
On December 16, 1873, a petition in bankruptcy was filed in this court against C. B. Comstock & Co., upon which they were adjudged bankrupts on January 9, 1874; which adjudication was affirmed in the circuit court on May 9, thereafter. On January 30, the Bank of British Columbia proved a ddbt against the estate, of $6,620.28, to which the assignee, on June 10, filed objections.
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On December 16, 1873, a petition in bankruptcy was filed in this court against C. B. Comstock & Co., upon which they were adjudged bankrupts on January 9, 1874; which adjudication was affirmed in the circuit court on May 9, thereafter. On January 30, the Bank of British Columbia proved a ddbt against the estate, of $6,620.28, to which the assignee, on June 10, filed objections. On July 31 the bank moved to strike the objections from the files, because the court had no jurisdiction to proceed in the case since June 22, 1874, for the reason that it appeared that less than one-fourth in number…
1Opinion of the Court
DEADY, District Judge.
Section 39 of the bankrupt act [of 1867 (14 Stat. 536)], as amended by section 12 of the act of June 22, 1S74 [supra], makes it necessary for at least one-fourth of the creditors in number and one-third in value to join in the petition to have their debtor adjudged a bankrupt; and provides that this provision “shall apply to all cases of compulsory or involuntary bankruptcy commenced since December 1, 1873.”
The petition in this case was not brought by such a proportion of the creditors, either iu number or value. The case having been "commenced since December 1,” is…
2Cited by2 opinions
- In re HerrmanDistrict Court, S.D. New York · 1900
- In re HerrmanDistrict Court, S.D. New York · 1900