Legal Opinion

In re McNaughton

District Court, E.D. Michigan

Decided July 1, 1849PublishedCited by 4 opinions

[In the matter of Moses A. McNaughton, a bankrupt.) This is a motion to vacate the order to show cause on creditor’s petition for adjudication, and to dismiss the petition on the ground that it “is not signed and verified as required by the rules and practice of this court.”

1Opinion of the Court

LONGYEAR, District Judge.

The petitioning creditor in this case is “The Merchants’ and Manufacturers’ Bank of Detroit,” a corporation organized and in existence under the laws of the state of Michigan. The petition is signed and verified by the cashier of the bank. The grounds of the motion to dismiss are: 1. That the cashier has no authority by virtue of his office or employment as such, to sign and verify a petition for adjudication of bankruptcy on behalf of the corporation bank; and, 2. That no special authority to the cashier to so sign and verify is anywhere averred or shown. I do not…

2Cited by4 opinions

  1. Leidigh Carriage Co. v. StengelCourt of Appeals for the Sixth Circuit · 1899
  2. Long Island Lighting Co. v. Bokum Resources Corp. (In Re Bokum Resources Corp.)District Court, D. New Mexico · 1982
  3. In re HerzikopfDistrict Court, S.D. California · 1902
  4. In re FrankCourt of Appeals for the Third Circuit · 1917

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