In Re Cleveland Discount Co.

WESTENHAYER, District Judge.

This is a proceeding to have the Cleveland Discount Company adjudged a bankrupt. The answer denied the commission of an act of bankruptcy. It also sets up as defenses to an adjudication that the petition should be ’dismissed for laches, want of equity, and because petitioners are not creditors, and the proceeding is not being prosecuted by them. Whether an act of bankruptcy is committed depends on whether, on February 22, 1923, the Cleveland Discount Company was insolvent within the definition thereof in the Bankruptcy Act (Comp. St. §§ 9585-9656). After issues…