In re Condon
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York; Learned Hand, Judge. This cause comes here upon appeal from an adjudication of bankruptcy against Martin J. Condon.
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Appeal from the District Court of the United States for the Southern District of New York; Learned Hand, Judge. This cause comes here upon appeal from an adjudication of bankruptcy against Martin J. Condon. The appeal is not taken by Condon, who in his answer to the original petition stated that he could not “truthfully deny that he was insolvent,” and that “his assets are far below the amount of his stated liabilities,” and prayed that, “for the protection of all his creditors and that all may be treated alike,” he be adjudged a bankrupt. The appellants are two creditors whose liens by way…
1Opinion of the Court
LACOMBE, Circuit Judge.
[1] Two preliminary questions may be first disposed of. It is contended that the concessions and -prayer in Condon’s answer (see quotations supra) turned this involuntary proceeding into a voluntary one, in which no specific act of bankruptcy need be proved. The argument in support of this proposition rests practically upon the language of section 1, subd. 20, which gives the following definition of the word “petition” as used in the act:.
“ ‘Petition’ shall mean a paper filed in a court of bankruptcy or with a clerk or deputy clerk by a debtor praying for the benefits…
2Cases cited2 opinions
- In re Sig. H. Rosenblatt & Co.Court of Appeals for the Second Circuit · 1912
- In re Brockton Ideal Shoe Co.Court of Appeals for the Second Circuit · 1913
3Cited by32 opinions
- Glint Factors, Inc. v. SchnappCourt of Appeals for the Second Circuit · 1942
- Klein v. Nu-Way Shoe Co.Court of Appeals for the Second Circuit · 1943
- Hovland v. Farmers' State Bank of ChristineCourt of Appeals for the Eighth Circuit · 1926
- In Re FullerCourt of Appeals for the Second Circuit · 1926
- Bradley v. HuntingtonCourt of Appeals for the Second Circuit · 1921
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