N. L. Wymard and George L. Stark, Receivers of Kemmel & Co., Inc., Debtor v. McCloskey & Co., Inc.

I would vacate the judgment of the District Court for the reason that it lacked jurisdiction to entertain this action.

I agree with the majority’s view that “the claim of diversity jurisdiction fails” by reason of the fact that the pleadings fail to satisfy the requirements as to diversity jurisdiction.

I disagree, however, with its view that jurisdiction exists under the Bankruptcy Act by reason of the defendant’s asserted “consent” to the institution and prosecution of the instant action.

Section 23(b) provides that suits must “be brought or prosecuted only in the courts where the bankrupt…