Gordon Oil Co. v. Cities Service Refining Co.

WILSON, Circuit Judge.

This is an appeal from an order of the District Court adjudging the appellant to be a bankrupt.

On June 24, 1929, the appellant made a common-law assignment for the benefit of its creditors to one Max N. Lebowitz, an attorney. On October 21, 1929; within four months after the date of the assignment, the Cities Service Refining Company filed an involuntary petition in bankruptcy against the appellant alleging the assignment as an act of bankruptcy and that there were less than twelve creditors. The appellant filed its answer, setting forth that there were more than twelve…