Legal Opinion
In re Kaplan & Kemp, Inc.
District Court, S.D. New York
Decided March 5, 1936Published
1Opinion of the Court
PATTERSON, District Judge.
An involuntary petition in bankruptcy was filed ’ on November' 4, 1935, against Kaplan &. Kemp, Inc. The act of bankruptcy alleged in the petition was that the alleged bankrupt had made an assignment for the benefit of creditors on September 13, 1935. The alleged bankrupt put in an answer to the effect that the three petitioning creditors had acquiesced in the assignment, had participated in the liquidation of the’ business under the assignment, and were thereby estopped to rely "on the assignment as an act of bankruptcy. The issue so raised was referred to Peter B.…
2Cases cited6 opinions
- Moulton v. CoburnCourt of Appeals for the First Circuit · 1904
- In re CurtisCourt of Appeals for the Seventh Circuit · 1899
- American Woolen Co. v. American Silk Mills, Inc.Court of Appeals for the Second Circuit · 1933
- Simonson v. SinsheimerCourt of Appeals for the Sixth Circuit · 1900
- Durham Paper Co. v. Seaboard Knitting MillsDistrict Court, E.D. North Carolina · 1903
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