Benitez Sampayo v. Bank of Nova Scotia

the ■Court. ■

To arrange a composition or an extension as a farmer-debtor, petitioner filed a petition in. October, 1938, under § 75 of the Bankruptcy Act (47 Stat. 1467, 1470; as amended 48 Stat. 925; Id., 1289; 49 Stat. 246; Id., 942). Railing to secure the assents required by §. 75 (g); petitioner amended her petition in November, 1938, to proceed under § 75 (s). Respondent then moved to dismiss the petition on the ground that petitioner was not a “farmer” and therefore was not entitled to the relief afforded by § 75 (s). After a hearing, the District Court sustained the motion.

The Circuit…