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IN RE CLEVELAND DISCOUNT CO.

9 F.2d 97 (1924)

In re CLEVELAND DISCOUNT CO.

District Court, D. Ohio.

May, 1924.

Attorney(s) appearing for the Case

Grossman & Grossman, Calfee, Fogg & White, and Harry H. Rose, all of Cleveland, Ohio (Marc J. Grossman and Pierre A. White, both of Cleveland, Ohio, of counsel), for interveners.

Dustin, McKeehan, Merrick, Arter & Stewart, of Cleveland, Ohio, for Cleveland Discount Co.

White, Cannon & Spieth, of Cleveland, Ohio (A. V. Cannon, of Cleveland, Ohio, of counsel), for M. B. Daly.

Wesselman & Kraus, of New York City (Bertram L. Kraus, of New York City, of counsel), for Harriman Nat. Bank.

Christopher & Mosier, of Cleveland, Ohio (Harold G. Mosier, of Cleveland, Ohio, of counsel), for Union Discount Co.

Baker, Hostetler & Sidlo, of Cleveland, Ohio (Jos. C. Hostetler, of Cleveland, Ohio, of counsel), for Midland Bank.

WESTENHAVER, District Judge.

This is a proceeding to have the Cleveland Discount Company adjudged a bankrupt. The answer denied the commission of an act of bankruptcy. It also sets up as defenses to an adjudication that the petition should be dismissed for laches, want of equity, and because petitioners are not creditors, and the proceeding is not being prosecuted by them. Whether an act of bankruptcy is committed depends on whether, on February 22, 1923, the Cleveland...

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