Legal Opinion
In re Moehs & Rechnitzer
District Court, S.D. New York
Decided February 15, 1909PublishedCited by 7 opinions
In the matter of Moehs & Reclmitzcr, alleged bankrupts. On motion for allow'ance of damages against petitioning creditors.
1Opinion of the Court
HOLT, District Judge.
The liability on the petitioning creditors’ bond is for damages caused by the appointment of the receiver. There is no liability for filing a petition in bankruptcy, except for the usual costs, unless the petitioners acted without probable cause and maliciously, and in that case the remedy is a suit in the nature of a suit for malicious prosecution.
Motion denied.
2Cited by7 opinions
- Sachs v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1924
- Norin v. Scheldt Manufacturing Co.Illinois Supreme Court · 1921
- In re J. Ito TerusakiDistrict Court, W.D. Washington · 1916
- In re WeissbordDistrict Court, D. New Jersey · 1917
- Harvey v. GartnerSupreme Court of Louisiana · 1914
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