SYRACUSE ENGINEERING CO. v. HAIGHT

No. 230.

110 F.2d 468 (1940)

SYRACUSE ENGINEERING CO., Inc., et al. v. HAIGHT.

Circuit Court of Appeals, Second Circuit.

March 4, 1940.


Attorney(s) appearing for the Case

Stewart F. Hancock, of Syracuse, N.Y. (Morris Berman and Lionel O. Grossman, both of Syracuse, N. Y., on the brief), for petitioning creditors-appellees.

George R. Fearon, of Syracuse, N. Y. (Keith F. Driscoll and Costello, Cooney & Fearon, all of Syracuse, N. Y., on the brief), for objecting creditor-appellant.

Gerald H. Henley, of Syracuse, N. Y. (Hiscock, Cowie, Bruce & Lee and A. J. & A. P. Oot, all of Syracuse, N. Y., on the brief), for intervening creditors-appellees.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.


CLARK, Circuit Judge.

The appellant herein, a creditor having a judgment lien against Julian S. Brown, appeals from Brown's adjudication as an involuntary bankrupt on the grounds (1) that there were not three petitioning creditors with provable claims and (2) that the alleged bankrupt was not insolvent.

The creditors of Julian S. Brown have been fighting over his considerable estate for nine years. Brown himself is not disposed to help them; with an annual...

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