In re Rudnick

LOWELL, District Judge.

This is a petition to set aside a composition. The address of the petitioning creditor was erroneously stated by mistake in the bankrupt’s schedule, and hence the petitioner received no notice "of the bankruptcy proceedings: He did not prove his debt, and the bankrupts deposit did not cover any dividend thereon. It 'is contended by the bankrupt that the composition cannot be set aside except in pursuance of the provisions of section 13 of the bankrupt act; that is to say, unless fraud was practiced in the procuring of the composition, which is not charged in this case.…