Legal Opinion

In re Miner

District Court, D. Massachusetts

Decided May 31, 1900PublishedCited by 2 opinions

In Bankruptcy. On petition in involuntary bankruptcy. In the matter of the above petition it is agreed, for the purposes of this hearing, between the petitioning creditor and the debtors, that an assignment for the benefit of their creditors was made by Miner, Beal & Co., as set forth in their answer to said petition, which assignment was recorded in the office of the clerk of the city of Boston on the 24th day of February, 1900, and that their property was transferred…

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In Bankruptcy. On petition in involuntary bankruptcy. In the matter of the above petition it is agreed, for the purposes of this hearing, between the petitioning creditor and the debtors, that an assignment for the benefit of their creditors was made by Miner, Beal & Co., as set forth in their answer to said petition, which assignment was recorded in the office of the clerk of the city of Boston on the 24th day of February, 1900, and that their property was transferred thereunder to the trustees therein named, and that all of their creditors whose names are appended to said answer, except the…

1Opinion of the Court

LOWELL, District Judge.

In this case the respondents made a general assignment, which has been assented to by all the creditors, with two or three exceptions. One of the nonassenting creditors has filed this petition alone, alleging that all the creditors of the respondents are less than twelve in number, thus seeking to bring himself within section 59b. It was admitted at the argument that the creditors who had assented to the assignment could not join in the petition, but it was urged that they should be counted in reckoning the number of the respondents’ creditors. Under the act of June 22,…

2Cases cited3 opinions

  1. West Co. v. LeaSupreme Court of the United States · 1899
  2. In re GutwilligCourt of Appeals for the Second Circuit · 1899
  3. In re CurrierDistrict Court, D. Massachusetts · 1875

3Cited by2 opinions

  1. Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
  2. In re C. Moench & Sons Co.District Court, W.D. New York · 1903

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