In Re New Rochelle Coal & Lumber Co.

MANTON, Circuit Judge.

The appellee filed a petition under section 77B (11 USCA § 207) of the-Banlcruptcy Act seeking a reorganization. No answer was filed by the present appellant. Later a plan for reorganization was proposed by the appellee and approved by the court below. The appellant, a creditor, has appealed. Previous to the filing of the petition, the appellant sued the appellee for its debt of $26,051.63, and before judgment was entered therein, the petition pursuant to section 77B of the Bankruptcy Act (11 USCA § 207) was filed; the debtor setting forth its reasons for desiring to…