In re Lowry & Pike, Inc.
District Court, W.D. Washington
In Bankruptcy. Petition against Lowry & Pike, Inc., by H. M. Gould. On exceptions and motion of alleged bankrupt to dismiss petition. One IT.
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In Bankruptcy. Petition against Lowry & Pike, Inc., by H. M. Gould. On exceptions and motion of alleged bankrupt to dismiss petition. One IT. M. Gould flies an involuntary petition in bankruptcy, alleges insolvency of the alleged bankrupt, indebtedness in excess of $1,000, less than 12 creditors, and other jurisdictional facts, and says: “(0 That the nature and amount of your petitioner’s claim, is as follows: Five hundred ($000.00) dollars, loaned to said Lowry & Pike, Inc., on January 10, 1921.” The alleged bankrupt appears and excepts to the petition of II. M. Gould, for the reason that…
1Opinion of the Court
NETERER, District Judge.
[1] Under equity rule 29 every defense in point of law for insufficiency of fact to constitute a valid cause of action shall be made by motion to dismiss or in the answer. I think the motion of the alleged bankrupt may be considered as a motion to dismiss. The petitioner is not misled, and upon the merits it is contended by the petitioner that the language used in the petition is of sufficient definiteness to identify the claim of the alleged bankrupt, and cites Sabin v. Blake McFall Co., 223 Fed. 501, 139 C. C. A. 49, 35 Am. Bankr. Rep. 179. In this case the petition…
2Cases cited7 opinions
- In re Sig. H. Rosenblatt & Co.Court of Appeals for the Second Circuit · 1912
- In re BellahDistrict Court, D. Delaware · 1902
- In re FarthingDistrict Court, E.D. North Carolina · 1913
- Sabin v. Blake-McFall Co.Court of Appeals for the Ninth Circuit · 1915
- In re Connecticut Brass & Mfg. Corp.District Court, D. Connecticut · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bryan v. WelchCourt of Appeals for the Tenth Circuit · 1935
- Arneson v. DennyDistrict Court, W.D. Washington · 1928