Stroheim v. Lewis F. Perry & Whitney Co.
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of Massachusetts. In the matter of the Lewis F. Perry & Whitney Company, alleged bankrupt. From, a decree denying the involuntary petition of Salo J. Stroheim and others for adjudication (172 Fed. 745), certain petitioners appeal.
1Opinion of the Court
PUTNAM, Circuit Judge.
This is a case of an involuntary petition in bankruptcy against the Lewis F. Perry & Whitney Company. The petition was dismissed by the District Court on the ground that not sufficient creditors joined therein to satisfy the requirement of the statute. Thereupon the petitioners, or some of them, appealed to us.
*53As the ease stood, the statute required that three creditors should unite in the petition. Apparently three did so unite at the outset, Stroheim & Romanu, one Skelly, and one Beaumont. The answer denied that Skelly and Beaumont were bona fide creditors.…
2Cases cited3 opinions
- Moulton v. CoburnCourt of Appeals for the First Circuit · 1904
- Leighton v. KennedyCourt of Appeals for the First Circuit · 1904
- Canner v. Webster Tapper Co.Court of Appeals for the First Circuit · 1909
3Cited by11 opinions
- Myron M. Navison Shoe Co. v. Lane Shoe Co.Court of Appeals for the First Circuit · 1929
- Utz & Dunn Co. v. Regulator Co.Court of Appeals for the Eighth Circuit · 1914
- In Re Latham Lithographic CorporationCourt of Appeals for the Second Circuit · 1939
- McMillan v. United States Fidelity & Guaranty Co.Court of Appeals for the Eighth Circuit · 1927
- Emerine v. TaraultCourt of Appeals for the Sixth Circuit · 1915
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