Legal Opinion

In re Herzikopf

District Court, S.D. California

Decided July 21, 1902No. 1,587PublishedCited by 10 opinions

In Bankruptcy. On review of report of referee.

1Opinion of the Court

WELLBORN, District Judge,

i. The verification to the creditors’ petition is, on its face, sufficient. In re Chequasset Lumber Co., 7 Am. Bankr. R. 87, 112 Fed. 56. See, also, In re Simonson, 1 Am. Bankr. R. 197, 92 Fed. 904, and Bank v. Craig, 6 Am. Bankr. R. 381, 110 Fed. 137. The bankrupt act does not require a petition in involuntary bankruptcy to be verified by the creditor personally, although, where the creditor is present, and the facts are within his knowledge, he doubtless ought to make the verification. Section 1 of said act, however, contains this definition:

“Creditor shall Include…

2Cases cited7 opinions

  1. Green River Deposit Bank v. CraigDistrict Court, W.D. Kentucky · 1901
  2. In re Chequasset Lumber Co.District Court, S.D. New York · 1901
  3. In re SimonsonDistrict Court, D. Kentucky · 1899
  4. In re BlankfeinDistrict Court, S.D. New York · 1899
  5. In re McNaughtonDistrict Court, E.D. Michigan · 1849

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
  2. Wetherbee v. Willow Lane, Inc. (In Re Bestway Products, Inc.)United States Bankruptcy Court, E.D. California · 1993
  3. In re VastbinderDistrict Court, M.D. Pennsylvania · 1903
  4. Wilson v. Valley Electric Membership Corp.District Court, E.D. Louisiana · 1992
  5. In re Pearl Coal Co.Court of Appeals for the Third Circuit · 1940

5 more not listed; retrieve them via the Exa API.

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