Legal Opinion

In re Summit, Inc.

District Court, W.D. New York

Decided March 26, 1935PublishedCited by 2 opinions

1Opinion of the Court

RIPPEY, District Judge.

An involuntary petition in bankruptcy was filed March 14, 1935, against Summit, Inc. This motion is to dismiss the petition on the ground that the petition is defective.

Two acts of bankruptcy are alleged. Under the first alleged act of bankruptcy, the corporation is alleged to have made a preferential payment of $45 to a creditor. This is too trivial an amount to sho-gr a preference constituting an act of bankruptcy. Houchin Sales Co. v. Augert (C. C. A.) 11 F.(2d) 115. Furthermore, the alleged payment was more than 4 months before the date of filing the petition.

The…

2Cases cited4 opinions

Houchin Sales Co. v. AngertCourt of Appeals for the Eighth Circuit · 1926
In Re St. Lawrence Condensed Milk CorporationCourt of Appeals for the Second Circuit · 1925
Elkay Reflector Corporation v. Savory, Inc.Court of Appeals for the Second Circuit · 1932
Weitzel Flooring Corp. v. GetzCourt of Appeals for the Third Circuit · 1929

3Cited by2 opinions

In re DayDistrict Court, D. Maryland · 1938
In re KaplanDistrict Court, E.D. New York · 1938