In re Pure Milk Co.
District Court, S.D. Alabama
In Bankruptcy. On motion for rehearing of application to amend petition, etc.
1Opinion of the Court
TOULMIN, District Judge.
The averment in the petition that the alleged bankrupt had within four months paid money to one or more creditors, with intent to prefer such creditors over its other creditors, is insufficient as an averment of an act of bankruptcy. In re Nelson (D. C.) 98 Fed. 76, and authorities cited therein. If the petition-originally filed was insufficient in averring an act of bankruptcy, then it in effect averred no act of bankruptcy. Leave to amend may be granted, but will not generally be granted when the proposed amendment would introduce into the petition entirely new acts…
2Cases cited1 opinion
- In re NelsonDistrict Court, W.D. Wisconsin · 1899
3Cited by9 opinions
- Armour & Co. v. MillerCourt of Appeals for the Fifth Circuit · 1913
- Hovland v. Farmers' State Bank of ChristineCourt of Appeals for the Eighth Circuit · 1926
- In re McGrawDistrict Court, N.D. West Virginia · 1918
- Brown Commercial Car Co. v. Continental Motor Mfg. Co.Court of Appeals for the Seventh Circuit · 1915
- In re Triangle S. S. Co.District Court, S.D. New York · 1920
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