Steinruck's Insolvency
Supreme Court of Pennsylvania
Appeal, No. 3, May T., 1909, by John Steinruck, from order of C. P. Dauphin Co., Sept. T., 1908, No. 179, appointing a receiver in the Matter of John Steinruck, an alleged insolvent. Petition for the appointment of a receiver of an alleged bankrupt.
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Appeal, No. 3, May T., 1909, by John Steinruck, from order of C. P. Dauphin Co., Sept. T., 1908, No. 179, appointing a receiver in the Matter of John Steinruck, an alleged insolvent. Petition for the appointment of a receiver of an alleged bankrupt. Before McCarrell, J. The petition was as follows: “ The petition of the Farmers’ Bank of Middletown and the Citizens’ National Bank of Middletown, respectfully represents : “ That they are respectively creditors of John Steinruck, the defendant in the above stated proceedings, who is a resident of Dauphin county, and aver and expect to be able to…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We are of the opinion that the learned court below was in error in holding that an allegation of the insolvency of a debtor and his failure to make an assignment for the benefit of creditors contained in a creditor’s petition is all that is necessary to give the court jurisdiction to appoint a receiver of an alleged insolvent’s estate upon the application of a creditor under the Act of June 4, 1901, P. L. 404; 2 Purd. (13th ed.) 1924. The proceeding to compel an involuntary insolvency is statutory, and the statute having designated the facts which are required…
2Cited by5 opinions
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